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Supreme Court of India 2019-02-19 dismissed

Md. Rojali Ali & Ors vs State of Assam, Ministry of Home Affairs through the Secretary

Bench: 2 — Mohan M. Shantanagoudar

In Brief

Four men were killed in their homes in Assam in a dawn attack by an armed group of 26 persons (12 tried). The defense argued that the six eyewitnesses—all close relatives of the victims—were "interested" witnesses and thus unreliable. The Supreme Court held that "related" and "interested" are distinct; a related witness is not automatically interested if they derive no benefit from the prosecution beyond natural grief. The court found the eyewitness evidence consistent, credible and supported by post-mortem findings. The accused came armed with deadly weapons, showed premeditation, and acted as aggressors without provocation, establishing intent to murder. The appeal was dismissed.

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Criminal Law Evidence Eyewitness Testimony Criminal Intention Witness Credibility Group Violence Murder

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