Supreme Court · 2024 INSC 590 · Decided 8 August 2024
Allarakha Habib Memon ETC. v. State of Gujarat
- Court
- Supreme Court of India
- Citation
- 2024 INSC 590 · [2024] 8 S.C.R. 345
- Case number
- CRIMINAL APPEAL No. 2828/2023
- Decided
- 8 August 2024
- Bench
- BHUSHAN RAMKRISHNA GAVAI, SANDEEP MEHTA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 120B, 302; CrPC Section 161, 162; Evidence Act Section 26, 21, 27
Headnote
As per the FIR (Exhibit-79) there were two eyewitnesses to the incident, PW-12-Police Constable and PW-11-the first informant who was deceased's cousin brother. PW-12 claiming to be an eyewitness to the incident had reported at the police station with the crime any complaint of the incident. FIR was registered on the basis of the oral statement of PW-11. Testimony of the aforesaid witnesses, if was trustworthy and reliable. In view of inconsistencies and contradictions in the evidences, whether the conviction of the accused-appellants under Section
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