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Supreme Court of India 2017-04-24 dismissed

State of Haryana & Ors vs Bira @ Bhira & Ors

Bench: 2 — Prafulla C. Pant

In Brief

Vakil Singh was attacked and killed by three accused allegedly in revenge for his acquittal in a murder case involving Atma Ram. The High Court convicted Sant Lal and Fatta Ram but acquitted Bira @ Bhira, finding insufficient evidence against him. The State appealed and Fatta Ram filed a special leave petition. The Supreme Court upheld the High Court's decision, holding that while Sant Lal's motive and Fatta Ram's presence (he was caught immediately) were established, Bira @ Bhira's presence at the crime scene was doubtful and not proved beyond reasonable doubt, and his name may have been added due to enmity.

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Criminal Law Murder Evidence Eyewitness Testimony Burden of Proof Joint Liability

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