VidhiSangh

Supreme Court of India · 06/07/2021

RAKESH AND ANOTHER versus STATE OF U.P. AND ANOTHER

[2021] 6 S.C.R. 874 · 2021 INSC 321

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Summary

Two accused challenged concurrent murder convictions arising from a shooting followed by knife assaults. The Supreme Court found the eyewitnesses reliable, their presence natural and their accounts corroborated by medical evidence. A mismatch between the recovered gun and the bullet did not defeat that evidence, since recovery of the actual weapon was not indispensable. The claim that the knife injuries were inflicted only after death lacked evidential support. The Court upheld the murder convictions and dismissed the appeal.

Issues

  1. Whether discrepancies and the ballistic mismatch undermined otherwise credible eyewitness evidence.
  2. Whether the knife-assault participant could avoid joint murder liability on the asserted timing of death.

Provisions considered

Held

Result

Appeal dismissed; murder convictions and life sentences upheld.

Judgment PDF: Supreme Court of India, [2021] 6 S.C.R. 874.