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Supreme Court of India · 15/05/2018

KHURSHID AHMED versus STATE OF JAMMU AND KASHMIR

[2018] 6 S.C.R. 1121 · 2018 INSC 518

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Summary

The Supreme Court upheld the High Court’s reversal of acquittal and conviction for murder and wrongful restraint under the Ranbir Penal Code. The deceased’s father was a reliable natural eyewitness whose account was supported by the prompt report, other evidence, weapon recovery and medical findings. Relationship, minor discrepancies and the absence of exhaustive detail in the FIR did not undermine the case. The trial court’s erroneous appreciation justified appellate intervention; the accused’s appeal was dismissed.

Issues

  1. Whether the related eyewitness, prompt reports and corroborating evidence proved the assault beyond reasonable doubt.
  2. Whether the High Court was justified in reversing the acquittal.

Held

Result

Accused’s appeal dismissed. High Court conviction under Sections 302 and 341 of the Ranbir Penal Code, life imprisonment and fines sustained.

Judgment PDF: Supreme Court of India, [2018] 6 S.C.R. 1121.