Supreme Court · 2022 INSC 1096 · Decided 17 October 2022
MD. Jabbar Ali & ORS. v. The State of Assam
- Court
- Supreme Court of India
- Citation
- 2022 INSC 1096 · [2022] 15 S.C.R. 773
- Case number
- CRIMINAL APPEAL No. 1105/2010
- Decided
- 17 October 2022
- Bench
- AJAY RASTOGI, B.V. NAGARATHNA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302
Headnote
Penal Code, 1860: ss. 302 r/w 149, 148,123 and 447 - Trial court convicted accused persons under different provisions of IPC including ss. 302 r/w 149, 148,123 and 447 - Prosecution had examined ten witnesses before trial court - High Court upheld the judgment and sentence passed challenged on the ground that inter alia, witnesses PW- 1 to PW-6 were related to each other - Prosecution failed to examine any independent and impartial witness and there were material contradictions in the depositions made by the witnesses - Held: Court in appeal may reassess the
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