VidhiSangh

Supreme Court of India · 02/05/2019

STATE OF GUJARAT versus KALUSINH @ HARPALSINH

[2019] 7 S.C.R. 473 · 2019 INSC 1415

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Summary

The State’s appeal against Kalusinh’s acquittal was dismissed. Conflicting accounts of who fired the shots, unconvincing weapon recovery, medical evidence that did not identify the weapon causing the fatal wounds, and doubtful identification during a dark-night incident supported the High Court’s benefit-of-doubt conclusion. That conclusion was a plausible view of the evidence and disclosed no perversity or substantial error warranting interference.

Issues

  1. Whether the High Court’s acquittal of accused 2 disclosed perversity or substantial error warranting interference.

Held

Result

State appeal dismissed. High Court acquittal of accused 2, Kalusinh alias Harpalsinh Bhamarsinh, left undisturbed.

Judgment PDF: Supreme Court of India, [2019] 7 S.C.R. 473.