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Supreme Court of India 2018-04-18 allowed

Shanker vs State of Madhya Pradesh

Bench: 2 — N.V. Ramana

In Brief

On 8 May 1998, Sanjay Sorle was assaulted at a wedding by a group of accused, resulting in his death. The trial court convicted two appellants (Suresh and Shanker) for murder under Sections 302/149 IPC, and the High Court affirmed. The Supreme Court allowed their appeal. The Court found that the key prosecution witnesses (PWs 1 and 5) made material contradictions regarding the appellants' role, the FIR genesis, and the nature of injuries inflicted. The post-mortem showed only knife wounds consistent with knives or sharp weapons, not fists as alleged against the appellants. The Court held the prosecution failed to prove guilt beyond reasonable doubt and that the conviction rested on assumptions and presumptions rather than trustworthy evidence.

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