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Supreme Court of India 2016-01-07 dismissed

Sudip Kr. Sen @ Biltu & Ors vs State of West Bengal & Ors

Bench: 2 — R. Banumathi

In Brief

Five appellants were convicted of murdering Saikat Saha on 13 January 2002 based on the eyewitness testimony of Sandipan Majumdar (PW-6), who witnessed the entire incident at a tea stall. The eyewitness testified that the appellants came together: one abused the victim and questioned him about meeting someone in court; another exhorted the group to kill; two held the victim; and two fired fatal gunshots. The trial court and High Court found PW-6 wholly reliable and trustworthy despite inconsistencies in other witnesses' accounts. The Supreme Court affirmed the conviction, holding that a single reliable witness suffices for conviction, and that the appellants' conduct clearly demonstrated common intention and joint liability under Section 34 IPC for the murder."

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Criminal Law Murder Section 34 IPC Common Intention Evidence Eyewitness Testimony Conviction Joint Liability

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