NDLI: Md. Jabbar Ali & Ors. Vs. The State of Assam

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	148 witnesses PW- 1 to PW-6 were related to each other – Prosecution failed to examine any independent and impartial witness and 1860: ss. 302 r/w 149 Penal Code 123 and 447 – Trial court convicted accused persons under different provisions of IPC including ss. 302 r/w 149 123 and 447 – Prosecution had examined ten witnesses before trial court – High Court upheld the judgment and sentence passed by trial court – Propriety of conviction and sentence challenged on the ground that inter alia
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Penal Code, 1860: ss. 302 r/w 149, 148, 123 and 447 – Trial court convicted accused persons under different provisions of IPC including ss. 302 r/w 149, 148, 123 and 447 – Prosecution had examined ten witnesses before trial court – High Court upheld the judgment and sentence passed by trial court – Propriety of conviction and sentence challenged on the ground that inter alia, witnesses PW1 to PW-6 were related to each other – Prosecution failed to examine any independent and impartial witness and there were material contradictions in the depositions made by the witnesses – Held: Court in appeal may reassess the evidence when there has been an improper reception or rejection of evidence, which if discarded or received would leave the conviction unsupportable – Court may also interfere in a case where there has been a misreading of vital evidence or the Court omits to notice the important points in favour of the accused – In the instant case, there were variations in the evidence of PW-6 who was the first informant and evidence of PW-1, PW-2, and PW-4 regarding as to who gave fatal blows to the deceased – Trial court as well as High Court rightly did not rely on the evidence of these witnesses who were highly inconsistent with each other in holding the concerned accused guilty – PW-3, PW-4 and PW-5 were not eye witnesses and their deposition did not lend any credence to the prosecution case on the point of who actually stabbed the deceased person – The inherent contradictions in the evidence of the prosecution-witnesses did not prove the case of the prosecution beyond reasonable doubt – Conviction set aside.Evidence – Credibility of related/interested/partisan witnesses – Just because the witnesses are related/interested/ partisan witnesses, their testimonies cannot be disregarded – However, when the witnesses are related/interested, their testimonies have to be scrutinized with greater care and circumspection – In the instant case, it was clear from the testimonies of the prosecution witnesses that all the witnesses were related to the deceased and to each other, there was not a single independent witness for prosecution – Moreover, there was contradiction and inconsistency in their testimonies – In such circumstances, the evidence could not be relied upon to convict the accused persons. Evidence: Inconsistent testimonies – Effect on prosecution case – Courts have to label as to which category a discrepancy can be categorized – Material discrepancies corrode the credibility of the prosecution’s case while insignificant discrepancies do not do so – In the present case there are material discrepancies in the testimonies of the witnesses and the same is fatal to the case of the prosecution – The evidence of the prosecution is wholly unreliable and does not prove the alleged offences against the accused appellants.Law of evidence: Material discrepancy in the evidence – Appreciation thereof.
Judge	Hon'ble Ms. Justice B.V. Nagarathna
Neutral Citation	2022 INSC 1096
Petitioner	Md. Jabbar Ali & Ors.
Respondent	The State Of Assam
SCR	[2022] 15 S.C.R. 773
Judgement Date	2022-10-17
Case Number	1105

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