VidhiSangh

Supreme Court of India · 07/05/2019

ASHOKSINH JAYENDRASINH versus STATE OF GUJARAT

[2019] 7 S.C.R. 309 · 2019 INSC 634

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Summary

The appellant received the benefit of doubt where identification during a night shooting lacked evidence of adequate light, eyewitness accounts conflicted over who fired, and the medical and recovery evidence did not reliably attribute the fatal injuries to him. Motive did not cure those defects. The Court intervened despite concurrent convictions because the material had not been properly appreciated, and set aside the murder, attempted-murder and Arms Act convictions.

Issues

  1. Whether the evidence proved the appellant’s participation beyond reasonable doubt.
  2. Whether the defects warranted interference with concurrent factual findings.

Held

Result

Appeal allowed. Appellant’s convictions under Sections 302/34 and 307/34 IPC and Section 25(c) of the Arms Act set aside. Immediate release directed unless required in another case.

Judgment PDF: Supreme Court of India, [2019] 7 S.C.R. 309.