AIROnline 2025 SC 415

Supreme Court Of India

(From : Allahabad)

Hon'ble Judge(s): Abhay S. Oka, Augustine George Masih , JJ

(A) Penal Code (45 of 1860) , S.302, S.307— Evidence Act (1 of 1872) , S.3— Murder and attempt to murder - Failure to conduct fair investigation - Accused allegedly had scuffle with deceased and injured who were allegedly in illicit relationship - Accused inflicted injury on neck of injured using his knife and deceased succumbed to injuries caused to him - Three out of four eyewitnesses had admittedly filed affidavits during bail hearing of accused, stating that accused persons were not involved - IO did not controvert affidavits, though time was granted to him - Prosecution had failed to carry out fair investigation on the basis of said affidavits - Moreover prosecution tried to suppress said affidavits - Truthfulness of versions of witnesses was doubtful - One witness was detained at police station for 24 hours before his statement was recorded - Serious doubt was created whether these witnesses were telling truth - Failure to recover weapons of offence was also fatal - Accused persons were acquitted. D/-09-10-2018 (ALL)-Reversed (Para 21 22 23) (B) Constitution of India , S.142— Term 'Lower Court' - Use of - Use of term 'lower court' Is against the ethos of our Constitution - Record of Tri....