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Supreme Court of India 2019-08-26 allowed

SAMSUL HAQUE vs THE STATE OF ASSAM

Bench: 2 — Sanjay Kishan Kaul, K.M. Joseph

In Brief

In this 1997 murder case, Samsul Haque (accused 9) and two others challenged their convictions for abetting the killing of Keramat Ali. The trial court had acquitted them, but the High Court reversed this. The Supreme Court reinstated the acquittals, finding that the prosecution relied heavily on testimony from relatives of the deceased, while the only disinterested eyewitness did not implicate the accused. Critical defects included: material circumstances not put to accused 9 during examination, no gun injuries on the body despite allegations of firing, no weapon recovery, and significant inconsistencies between the FIR and courtroom testimony. The Court held that the High Court should not have reversed the acquittal given these evidentiary gaps.

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Criminal Law Evidence Procedure Acquittal Section 313 CrPC Audi Alteram Partem

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