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Supreme Court of India 2018-09-12 dismissed

Jafel Biswas & Ors vs State of West Bengal

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

On 25 September 1985, a schoolteacher named Mokshad Ali was murdered near a mill while traveling on his bicycle. Six appellants were convicted of murder under IPC Sections 148 and 302 read with Section 34. The appellants challenged the conviction on multiple grounds, including delayed dispatch of the FIR to the Magistrate, inconsistency in the number of accused named, and reliance on eye-witness testimony. The Supreme Court upheld the conviction, finding that delayed FIR dispatch does not vitiate a conviction absent demonstrated prejudice; that multiple eye-witnesses observing from different vantage points clearly established all appellants' presence and participation; and that absence of proven motive does not defeat eye-witness evidence in a broad daylight public attack. The appeal was dismissed and bail cancelled."

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Criminal Procedure Evidence Murder Criminal Appeal Eye-witness Testimony

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