VidhiSangh

Supreme Court of India · 24/03/2025

FIROZ KHAN AKBARKHAN versus THE STATE OF MAHARASHTRA

[2025] 3 S.C.R. 933 · 2025 INSC 387

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Summary

A three-Judge Bench upheld a conviction under Section 302 read with Section 34 IPC for a knife killing in a market the morning after a quarrel. The eye-witnesses were consistent, the two to three days' delay in recording their statements under Section 161 CrPC was explained by riots in the area and delay in recording statements is not by itself fatal, the informant's examination as a defence witness rather than a prosecution witness was immaterial, and the plea of a heat-of-the-moment killing failed because the appellant had brought the knife with him. The appellant, having served over 14 years, was given liberty to apply afresh for premature release under the remission policy in force at the time of his conviction or a more beneficial one.

Issues

  1. Whether minor discrepancies in the eye-witness accounts rendered the prosecution case doubtful.
  2. Whether the delay of two to three days in recording the eye-witnesses' statements under Section 161 CrPC was fatal to the prosecution.
  3. Whether the prosecution's failure to examine the informant, who was examined as a defence witness, affected the case.
  4. Whether the conviction under Section 302 IPC should be converted to Section 304 Part I on the ground that the killing occurred in the heat of the moment after an altercation.
  5. Which remission policy governs the appellant's claim for premature release.

Provisions considered

Held

Result

Appeal dismissed; conviction under Section 302 read with Section 34 IPC affirmed. Appellant given liberty to apply afresh for premature release; the State Government to pass a reasoned order within three months of such representation. Registry to return the original records. I.A. No. 21892/2021 dismissed as not pressed.

Judgment PDF: Supreme Court of India, [2025] 3 S.C.R. 933.