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Supreme Court of India 2022-02-01 allowed

Subhash vs State of Uttar Pradesh

Bench: 3 — D.Y. Chandrachud

In Brief

This case involved the murder of Surender by multiple accused armed with firearms, an axe, and a knife. The Sessions Judge and High Court convicted all six accused, including Subhash and Gyanvati, based primarily on the testimony of two eyewitnesses. The Supreme Court reversed the convictions, finding material contradictions between the eyewitness accounts and post-mortem evidence. The witnesses' accounts diverged on who actually fired, how many shots hit the deceased, and the nature of injuries inflicted. With only one firearm wound found at autopsy despite claims of multiple shooters, and unexplained inconsistencies in witness testimony, the Court held that the accused were entitled to the benefit of doubt and acquitted them.

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Criminal Law Criminal Procedure Evidence Witness Credibility Murder

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