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by Admin
07 May 2024 2:49 AM
In a landmark decision, the Supreme Court of India acquitted the appellants previously convicted for the murder of Ellahabadiya alias Vijay. The bench, comprising Justices J. B. Pardiwala and Manoj Misra, cited "inconsistencies in eyewitness accounts" and a "delayed FIR" as significant factors leading to the acquittal.
The appellants had been convicted under Section 302 of the Indian Penal Code by both the High Court and the Trial Court. However, the Supreme Court found several gaps in the prosecution's case, which led to the overturning of the previous judgments.
Justice Manoj Misra, in his observation, stated, "The prosecution has not been able to convincingly prove the genesis of the crime as also the manner in which the murder took place and by whom." The court pointed out that the evidence led by the prosecution gives rise to a "strong probability of the killing being a consequence of mob action on the deceased for his alleged involvement with a lady of the village."
The court also questioned the credibility of the First Information Report (FIR), which was lodged the next day by a village chowkidar from a neighboring village who was not an eyewitness to the incident. "When an FIR is delayed, in the absence of proper explanation, the courts must be on guard and test the evidence meticulously to rule out the possibility of embellishments in the prosecution story," the judgment read.
Another significant observation was related to the inconsistencies in the testimonies of the main eyewitnesses, identified as PW-2 and PW-6. The court found their accounts unreliable due to contradictions and failure to explain key aspects of the case.
The court concluded by giving the appellants the benefit of the doubt, stating, "Due to inconsistencies in eyewitness accounts, delayed FIR, and lack of conclusive evidence, the appellants are acquitted and given the benefit of the doubt."
The decision has been hailed as a significant one, emphasizing the importance of meticulous examination of evidence and witness testimonies in criminal cases.
Date of Decision: September 05, 2023
HARILAL ETC. vs STATE OF MADHYA PRADESH