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Supreme Court of India 2019-02-19 dismissed

MD.ROJALI ALI vs THE STATE OF ASSAM MINISTRY OF HOME AFFAIRS THROUGH THE SECRETARY

Bench: 3 — Nageswara Rao, Mohan M. Shantanagoudar, Indira Banerjee

In Brief

Four persons were murdered in their home on 9 November 1995 by a group of armed assailants who forcibly entered and mercilessly assaulted them with deadly weapons. Eight appellants were convicted of murder under Section 302 read with Section 149 of the IPC by concurrent findings of the Trial Court and High Court. The Supreme Court upheld the conviction, holding that eyewitness evidence from close relatives of the deceased is not automatically 'interested' and must be evaluated for consistency and reliability. Finding the eyewitness accounts consistent, corroborated by medical evidence, and demonstrating clear intention to murder through prior preparation and use of deadly weapons without provocation, the Court dismissed the appeal."

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Criminal Law Evidence Witness Credibility Murder Eyewitness Testimony Interested vs Related Witnesses Criminal Appellate Procedure

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