VidhiSangh

Supreme Court of India · 22/05/2025

SAKHAWAT AND ANR. versus STATE OF UTTAR PRADESH

[2025] 7 S.C.R. 139 · 2025 INSC 777

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Summary

Appeal against concurrent convictions under Sections 302 and 307 read with Section 34 IPC for a 1981 night-time shooting and knife attack. The Court acquitted the appellants because three of the four eyewitnesses had admittedly sworn affidavits during the bail hearing stating the appellants were not the culprits, the investigating officer never recorded their further statements or controverted the affidavits, and the prosecution suppressed this material, making it unsafe to convict on the sole surviving eyewitness.

Issues

  1. Whether the convictions could be sustained where three of the four eyewitnesses had earlier sworn affidavits before the Sessions Court exonerating the appellants, which the investigation neither verified nor controverted.
  2. Whether the failure to conduct further investigation on such affidavits, and their suppression by the prosecution, amounted to a denial of a fair investigation and fair trial under Article 21.
  3. Whether it was safe to convict on the testimony of the sole remaining eyewitness (the first informant), whom the injured witness's affidavit named as the assailant.

Provisions considered

Held

Result

Appeal allowed; the judgments of the trial court and the High Court set aside insofar as the appellants are concerned; appellants acquitted of all offences and their bail bonds cancelled.

Judgment PDF: Supreme Court of India, [2025] 7 S.C.R. 139.