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Supreme Court of India 2019-07-31 allowed

SUDHIR KUMAR JAIN vs THE STATE OF RAJASTHAN

Bench: 2 — R. Banumathi, A.S. Bopanna

In Brief

Sudhir Kumar Jain was convicted of murdering auto-rickshaw driver Rajendra Sahu in April 2003 using a country-made pistol, based on the victim's dying statement, testimony from one constable, and recovery of a firearm. The Supreme Court set aside the conviction, finding that all eyewitnesses turned hostile, the victim never identified the shooter by name, the constable's delayed and uncorroborated testimony was unreliable, and the recovered pistol was not in working condition. The Court held the prosecution failed to prove guilt beyond reasonable doubt and acquitted the appellant.

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Criminal Law Evidence Hostile Witnesses Ballistic Evidence Murder Dying Declaration

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