Case Note & Summary
The case involved an appeal by the State of Uttar Pradesh against the acquittal of three accused charged with the murder of Khurshid Mian under Section 302 read with Section 34 of the Indian Penal Code, 1860. The incident occurred on 2nd August 1978, when Khurshid Mian was attacked by the accused while he was walking in Mohalla Mazar Tat. The motive for the attack was linked to a prior dispute over unpaid rent involving the deceased's father, Banney Mian. The Sessions Court had convicted the accused based on eyewitness testimonies, but the High Court later acquitted two of them, citing reasons related to the credibility of the witnesses. The Supreme Court analyzed the testimonies of the eyewitnesses, including Achhey Mian, PW-1, who was present during the incident, and found their accounts credible despite the High Court's doubts. The court noted that the High Court had improperly relied on a document produced at the appellate stage to discredit the eyewitnesses without allowing them a chance to explain. Ultimately, the Supreme Court upheld the conviction of one accused, Saghir, for murder while acquitting the other two for lack of sufficient evidence to prove their common intention to kill. The court sentenced Saghir to life imprisonment and directed the Sessions Judge to ensure the execution of the sentence. The appeals were disposed of accordingly.
Headnote
A) Criminal Law - Murder - Conviction and Acquittal - Acquittal of two accused under Section 302 IPC set aside, conviction of one accused upheld - Indian Penal Code, 1860, Section 302 - The court found that the evidence of eyewitnesses was credible and established the guilt of one accused while the involvement of the other two was insufficient to sustain a murder charge. The court directed the conviction of one accused under a lesser charge of Section 324 IPC. (Paras 1-3).
Issue of Consideration
Whether the acquittal of two accused under Section 302 IPC was justified and whether the conviction of one accused was warranted.
Final Decision
The Supreme Court upheld the conviction of Saghir under Section 302 IPC and sentenced him to life imprisonment, while acquitting Amir Ahmad and Farid Khan due to insufficient evidence to prove their involvement in the murder.
Law Points
- Murder
- Common Intention
- Eyewitness Testimony
- Acquittal
- Conviction
