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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, victim Mokshad Ali was attacked and killed by a group of assailants near a wheat grinding mill while cycling to school. The appellants were convicted under sections 148, 302, and 34 IPC by the trial court, and their conviction was affirmed by the High Court. This appeal challenged the conviction on grounds including delayed transmission of the FIR, inconsistency in the number of accused mentioned, reliance on multiple eye-witnesses, absence of motive, and medical evidence regarding the victim's stomach contents. The Supreme Court dismissed the appeal, holding that multiple eye-witnesses had credibly identified the incident, that the prejudice from naming additional accused in the report was minimal since all appellants were named in the original FIR, and that absence of proven motive does not vitiate a prosecution case supported by reliable eye-witness evidence.

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Criminal Procedure Evidence Eye-witness testimony Delay in FIR transmission Motive in criminal cases Murder Rioting

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