In Brief
On 19 January 1991, the deceased Askari was killed and his cousin Asad mortally wounded when appellants hurled bombs at them in retaliation for a prior Section 307 case. The trial and high courts convicted the appellants under Section 302 read with Section 149 IPC and related statutes. On appeal, appellants challenged the reliance on interested witnesses with prior enmity. The Supreme Court held that interested witnesses cannot be rejected merely for enmity; eyewitness testimony, when credible and corroborated, suffices. All accused were proved members of an unlawful assembly with common object to assault the deceased, making them liable even without direct participation in the fatal acts. The appeals were dismissed.
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