Tag: recovery of weapons

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...
Supreme Court Overturns Conviction, Stresses Need for Concrete Proof of Identity
Supreme Court

Supreme Court Overturns Conviction, Stresses Need for Concrete Proof of Identity

The Supreme Court acquitted the accused, ruling that the prosecution failed to establish their identity as the perpetrators. The sole eyewitness could not identify them, and the testimonies of other witnesses were unreliable. Recovery of weapons was inadmissible as proof of their use in the crime under Sections 25-27 of the Evidence Act. Facts Of The Case: On June 3, 2000, an altercation occurred between appellants Rajendra Singh, his son Bhupender Singh, and Diler Singh after the appellants began digging Diler Singh's field. Later that day, at around 1:30 PM, Diler Singh's son, Pushpendra Singh (the deceased), was sitting at Jogither diversion. The three appellants arrived on a motorcycle, armed with swords and a 'kanta'. Upon seeing them, the deceased fled towards northern fields...
Chain of Circumstances Broken: Supreme Court Frees Accused in Landmark Circumstantial Evidence Ruling
Supreme Court

Chain of Circumstances Broken: Supreme Court Frees Accused in Landmark Circumstantial Evidence Ruling

This Supreme Court judgment acquits the accused based on the prosecution's failure to establish a complete chain of circumstantial evidence as mandated by Sharad Birdhichand Sarda. The court found the evidence regarding motive, last seen, extra-judicial confessions, and recoveries to be unreliable, contradictory, and insufficient to prove guilt beyond reasonable doubt. Facts Of The Case: The case involves the murder of Balwant, whose body was discovered in a waterworks tank in Hisar on December 23, 1997. His father, Har Nath (PW-11), identified the body and filed a complaint, leading to an FIR. The prosecution alleged that the accused—Shanti Devi, her son Rajbir, and Veena—murdered Balwant due to a property dispute, as Shanti Devi was a tenant in his house, and an illicit relatio...