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Supreme Court of India 2023-03-28 allowed

PULEN PHUKAN & ORS vs THE STATE OF ASSAM

Bench: 3 — B.R. Gavai, Vikram Nath, Sanjay Karol

In Brief

Pulen Phukan and ten others were convicted by trial and appellate courts for the murder of Pradip Phukan under Sections 302/149 IPC and sentenced to life imprisonment. The Supreme Court allowed their appeal, finding the prosecution had not established guilt beyond reasonable doubt. The Court noted critical flaws: five police personnel were unexplainably present with the accused throughout the incident without attempting arrest; eyewitness accounts were inconsistent regarding the identity and roles of assailants; key evidence (injury report, seized axe, FIR scribe's evidence) was missing or unproduced; and the informant claimed ignorance of the FIR contents. The Court held that while Pradip Phukan's death was homicidal, the unexplained police presence suggested possible abuse of authority. The appellants received the benefit of doubt and were acquitted.

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Criminal Procedure Evidence Murder Unlawful Assembly Witness Credibility Criminal Conviction Burden of Proof

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