VidhiSangh

Supreme Court of India · 22/04/2022

JAFARUDHEEN & ORS. versus STATE OF KERALA

[2022] 5 S.C.R. 721 · 2022 INSC 464

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Summary

In appeals arising from a politically motivated killing, the Court distinguished accused whose convictions were concurrent from four whose trial acquittals the High Court had reversed. It sustained the convictions of accused 2, 4, 5, 8 and 9 on the accepted eyewitness and supporting evidence. For accused 10–13, identification deficiencies, delayed statements and doubtful recoveries supported the trial court’s reasonable view. Their acquittals were restored.

Issues

  1. Whether the concurrent convictions warranted interference.
  2. Whether the High Court properly reversed the acquittals of accused 10–13 in light of identification evidence and recoveries.

Provisions considered

Held

Result

Criminal Appeals 450–451 of 2015 and 959 of 2015 dismissed, maintaining the convictions of accused 2, 4, 5, 8 and 9. Criminal Appeals 430–431 of 2015 allowed: the High Court convictions of accused 10–13 were set aside, their trial acquittals restored and their bail bonds discharged. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2022] 5 S.C.R. 721.