Tag: First Information Report

Supreme Court Upholds Conviction in Karnataka Murder Case: Why Witness Testimony Beat Medical Evidence
Supreme Court

Supreme Court Upholds Conviction in Karnataka Murder Case: Why Witness Testimony Beat Medical Evidence

In an appeal against acquittal, the Supreme Court reiterated that ocular evidence prevails over medical opinion unless irreconcilable. It held that the Trial Court’s view was perverse for discarding the injured eyewitness's consistent testimony based on speculative defenses and minor contradictions, thus rightly upholding the High Court's conviction. Facts Of The Case: On March 16, 2003, at around 6:00 a.m., Mohan Kumar was assaulted by a group of sixteen accused persons when he was leaving his house in the village to deliver milk. The attackers, armed with dangerous weapons, inflicted fatal injuries on him. His wife, Smt. Annapurna (PW-1), who intervened to save him, also sustained grievous injuries. The accused fled upon the arrival of other villagers. The injured were first take...
The “Unlawful Assembly” Test: Supreme Court Explains When Mere Presence at a Crime Scene Isn’t Enough
Supreme Court

The “Unlawful Assembly” Test: Supreme Court Explains When Mere Presence at a Crime Scene Isn’t Enough

This Supreme Court judgment clarifies that mere presence in a crowd does not automatically constitute membership in an unlawful assembly under Section 149 IPC. To establish constructive liability, the prosecution must prove, beyond reasonable doubt, that each accused shared the common object of the assembly, distinguishing active participants from passive bystanders. Conviction requires cogent and consistent evidence linking the individual to the assembly's objective. Facts Of The Case: On 20 November 1988, at around 8:00 AM, informant Jagdish Mahato (PW-20) and his brother Meghu Mahato went to inspect their settled agricultural land in Baharkhal, Bihar. They allegedly found a large mob of 400-500 persons from the neighboring village of Mahila, many armed with weapons like guns, spears, ...