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Supreme Court of India

Md. Jabbar Ali & Ors. v. The State of Assam

Neutral citation
Bench Ajay Rastogi and B. V. Nagarathna JJ.
Decided 17 October 2022

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

In view of the aforesaid discussion, we find that the Session Court as well as the High Court were not right in convicting and sentencing the appellants herein and therefore, the impugned judgments are liable to be set aside.

Judgment, page 27

From the 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 PW- 1 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…

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