Case Note & Summary
The case pertains to the murder of Hanif @ Allabakshish Allauddin Shaikh on 07/10/2008. Nine persons were accused of offences under Sections 302, 143, 144, 147, 148, 149, 120B IPC and Section 37(1)(a) read with 135 of Bombay Police Act. The trial court convicted accused Nos. 1 to 5 (the appellants) and acquitted accused Nos. 6 to 8. Accused No. 9, Zakir Hussain, alleged to be the mastermind, was tried separately and acquitted, which acquittal became final. The appellants challenged their conviction before the Bombay High Court. The prosecution case was that on the night of 07/10/2008, the deceased was assaulted by the appellants with weapons like bamboo, dagger, knife, and chopper near Road No. 13. Two witnesses, Jahir Idris (PW4) and Dawood Ibrahim (PW5), claimed to have seen the assault. The deceased was taken to Rajwadi Hospital where he was declared dead. The High Court examined the evidence and found that PW4 and PW5 were interested witnesses as they were friends of the deceased and their testimony lacked independent corroboration. The court noted that the acquittal of the other accused and the main conspirator weakened the prosecution's case of conspiracy. The court held that the prosecution failed to prove the guilt of the appellants beyond reasonable doubt and accordingly allowed the appeals, setting aside the conviction and acquitting the appellants.
Headnote
A) Criminal Law - Murder - Unlawful Assembly - Sections 302, 143, 144, 147, 148, 149, 120B IPC - Conviction based on testimony of interested witnesses - Held that the evidence of PW4 and PW5, being interested witnesses, required independent corroboration which was lacking; the acquittal of other accused and the main conspirator weakened the prosecution case; appellants entitled to benefit of doubt (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellants under Sections 302, 143, 144, 147, 148, 149, 120B IPC and Section 37(1)(a) read with 135 of Bombay Police Act is sustainable based on the evidence of interested witnesses and lack of corroboration.
Final Decision
The appeals are allowed. The impugned judgment and order of conviction dated 18.10.2010 passed by the Extra Joint Adhoc Additional Sessions Judge, C.R. No. 2, Sewree, Mumbai in Sessions Trial No. 51 of 2010 is set aside. The appellants are acquitted of all charges. Their bail bonds stand cancelled.
Law Points
- Testimony of interested witnesses requires corroboration
- Acquittal of co-accused weakens conspiracy case
- Benefit of doubt when prosecution fails to prove guilt beyond reasonable doubt
