VidhiSangh

Supreme Court of India · 15/02/2023

AJAI ALIAS AJJU ETC. ETC versus THE STATE OF UTTAR PRADESH

[2023] 3 S.C.R. 930 · 2023 INSC 127

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Summary

Four members of a family in Muradnagar were killed in their beds in August 2007 and a daughter grievously injured; the deceased's brother, a neighbour and two others were convicted under Sections 302 and 307 read with Section 149 IPC and sentenced to death, which the Allahabad High Court commuted to life imprisonment. The Supreme Court dismissed the accused's appeals and the State's appeals for restoration of the death sentence: the injured daughter was a wholly reliable eyewitness whose initial silence before assailants who were close relatives present at the scene was wise and explained, the use of a dog squad was consistent with the names not yet being disclosed, non-examination of her sister and grandfather and the absence of a Section 164 statement did not weaken the case, Ravi was in fact named in her police statement, and the High Court gave sound reasons for commutation.

Issues

  1. Whether the conviction for the murder of four persons could rest on the testimony of a sole injured eyewitness related to the deceased who did not name the assailants to the villagers or at the hospital, and whether the death sentence commuted by the High Court should be restored.

Provisions considered

Held

Result

Criminal Appeal Nos. 599 and 600 of 2013 and 337 of 2014 by the accused dismissed, Criminal Appeal No. 598 of 2013 having abated on the appellant's death; State's Criminal Appeal Nos. 745-748 of 2015 for enhancement of sentence dismissed; the appellants to serve out their life sentences; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2023] 3 S.C.R. 930.