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Supreme Court of India 2021-12-15 allowed

JAIKAM KHAN vs THE STATE OF UTTAR PRADESH

Bench: 3 — L. Nageswara Rao, B.R. Gavai, B.V. Nagarathna

In Brief

Six family members were killed on 23 January 2014 in Uttar Pradesh. The trial court convicted three accused—Momin Khan, Jaikam Khan, and Sajid—based primarily on eyewitness testimony from two related witnesses and sentenced them to death. The High Court confirmed the convictions but acquitted the fourth accused (Nazra), citing evidentiary doubts. The Supreme Court allowed the appeals of the three convicted men. The Court found the eyewitness accounts—regarding visibility from kitchen and cattle shed—spatially incompatible with site plans, the arrests implausibly near the crime scene, weapon and clothing recoveries lacking independent corroboration, and motive unestablished for two accused. The prosecution failed to prove guilt beyond reasonable doubt despite presenting interested witnesses. Death sentences were set aside and the accused released.

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Criminal Procedure Evidence Eyewitness Testimony Capital Punishment Burden of Proof Criminal Appeal

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