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Supreme Court of India 2022-09-07 allowed

Chaitu Gowala and Another vs The State of Assam

Bench: 2 — M.R. Shah, Krishna Murari

In Brief

Two union office bearers (appellants) were convicted of murder under Sections 302/392/148/323/149 IPC in connection with the death of a Managing Director during a labour dispute. The High Court confirmed their conviction. The Supreme Court quashed and set aside the convictions, finding no credible evidence that the appellants either attacked the deceased, instigated the mob, or participated in the crime. While they were present as union officials attempting to negotiate and control the situation, mere presence without participation or provable incitement was insufficient for conviction under these provisions.

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Criminal Law Murder Evidence Constructive Liability Criminal Procedure

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