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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

Eight accused were convicted by trial court and the conviction upheld by the High Court for murdering four men during an armed group attack on their home early in the morning on 9 November 1995. The appellants challenged the conviction, arguing that all six eyewitnesses were close relatives of the deceased and thus interested witnesses whose testimony should be disbelieved. The Supreme Court held that relationship alone does not make a witness interested; an interested witness must have a motive to falsely implicate the accused. The court found the eyewitnesses credible, their presence natural, and their evidence consistent. The armed group attack with deadly weapons, prior planning, and lack of provocation evidenced intent to murder. The appeal was dismissed.

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Criminal Law Evidence Witness Credibility Interested Witnesses Murder Homicide

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