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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 fatally attacked at a marriage venue in Madhya Pradesh. Eleven persons were allegedly involved; the appellants Shanker and Suresh were among five convicted of murder and rioting under Sections 302/149 IPC. The Supreme Court allowed their appeal, holding that the prosecution failed to prove guilt beyond reasonable doubt. The two key eyewitnesses gave materially contradictory accounts on crucial issues: who lodged the FIR, which accused used weapons, and visibility of the crime scene. Medical evidence showed only knife wounds caused death, inconsistent with the alleged fist-blow participation attributed to the appellants. Absent trustworthy evidence establishing the appellants' specific role in causing fatal injuries, conviction could not stand.

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Criminal Law Evidence Eyewitness Testimony Murder Criminal Procedure Credibility of Witnesses

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