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2025 Supreme(SC) 1767

M. M. SUNDRESH, SATISH CHANDRA SHARMA
Nazim – Appellant
Versus
State of Uttarakhand – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Sarvam Ritam Khare, AOR Mr. K.K.Tyagi, Adv. Mr. Iftekhar Ahmad, Adv. Ms. Garima Tyagi, Adv.
For the Respondent(s) Mr. Akshat Kumar, AOR Ms. Anubha Dhulia, Adv.

Table of Content
1. case originates from the death of muntiyaz ali. (Para 1 , 2 , 3)
2. trial court convictions and appeals are highlighted. (Para 4 , 5)
3. high court affirms trial court findings. (Para 6 , 8)
4. arguments presented against prosecution's claims. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17)
5. juvenility and its claim are disputed. (Para 19 , 20)
6. principles for circumstantial evidence established. (Para 26 , 27 , 28 , 29)
7. contract to acquit appellants as evidence fails. (Para 56 , 57 , 58 , 59)

JUDGMENT

1. The present case has its genesis in the tragic and unnatural death of a young boy, Muntiyaz Ali, aged merely ten years. On the morning of 5th June 2007, he went to the family’s mango orchard near Kishanpur to stand guard, but he did not return home. By late evening, his prolonged absence caused alarm and his father, Nanhe Khan (PW-1), organised a search with family members and co-villagers. Their efforts proved fruitless. At first light on 6th June 2007, PW-1 resumed the search and discovered Muntiyaz’s lifeless body beneath a mulberry tree near a pit on the family’s land. A rope was found tightened around his neck, his hands tied behind his back with a rope, and an axe

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