VidhiSangh

Supreme Court of India · 17/10/2022

MD. JABBAR ALI & ORS. versus THE STATE OF ASSAM

[2022] 15 S.C.R. 773 · 2022 INSC 1096

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

In a 1999 clash over farmland in Barpeta, Assam, one man was stabbed to death and others were hurt. The Fast Track Court convicted three accused under Section 302 read with Section 149 IPC and others of rioting, hurt and trespass, and the Gauhati High Court affirmed. The Supreme Court acquitted all the surviving appellants. Every prosecution witness was related to the deceased and none was independent, so their evidence needed careful scrutiny. Their accounts of who struck the single fatal blow contradicted each other, and the main injured witness improved on his police statement. Several witnesses had not seen the attack. The investigating officer had neither verified land records nor collected bloodstains. These were material contradictions that the courts below had overlooked, which made their concurrent findings perverse.

Issues

  1. Whether the conviction of the appellants, resting on related witnesses giving inconsistent accounts of who inflicted the fatal injury, was sustainable.
  2. When the Supreme Court may interfere with concurrent findings of fact in a criminal appeal.

Provisions considered

Held

Result

Appeals allowed; convictions and sentences set aside and the appellants acquitted of all charges; the appeal of the deceased first accused had abated.

Judgment PDF: Supreme Court of India, [2022] 15 S.C.R. 773.