Supreme Court Acquits 17 Accused in 1990 Sehore Murder Case

The Supreme Court of India, in the case of Hakeem Khan & Ors. vs. State of Madhya Pradesh, delivered a crucial judgment overturning the conviction of 17 individuals accused of murder under Section 302 read with Section 149 of the Indian Penal Code (IPC). The case pertained to an incident that occurred on January 30, 1990, in Sehore, Madhya Pradesh, where a violent altercation led to the death of one individual, Ismail Khan, and injuries to several others.

Background of the Case

The dispute arose out of a local Panchayat election in which Shabbir Khan was elected as Sarpanch, leading to tension between the complainant party and the accused persons. On the day of the incident, Chhote Khan filed an FIR alleging that the accused, including Hafiz Khan, Jafrudeen, Rafiq Khan, Hakim Khan, Ayyub Khan, Israil Khan, Munne Khan, and Salim Khan, along with 7-8 unidentified individuals, attacked five members of his party with lathis and farsis, resulting in severe injuries and the death of Ismail Khan.

Trial Court’s Findings

The trial court acquitted all 17 accused, citing the following reasons:

• The prosecution presented six eyewitnesses, but only one was independent, and he turned hostile.
• Two independent witnesses were not examined by the prosecution.
• Both parties sustained injuries, indicating that it was a mutual scuffle rather than a premeditated attack.
• The incident took place between 6:30 PM and 7:00 PM on a winter evening, making it difficult to identify the attackers due to low visibility.
• The presence of Shabbir Khan, the supposed cause of the conflict, was doubtful as records showed he was in court till 5:00 PM and reached Shyampur only after 7:15 PM.

The trial court concluded that the prosecution failed to establish the guilt of the accused beyond a reasonable doubt and acquitted all the accused.

High Court’s Ruling

The High Court reversed the acquittal, convicting all 17 accused under Section 302 read with Section 149 IPC and sentencing them to life imprisonment. The High Court held that:

• The trial court erred in concluding that the complainant’s party was the aggressor.
• The identification of the accused was possible despite the darkness, as they were known to the complainants.
• The presence of minor injuries on the accused indicated their involvement.
• The absence of independent witnesses did not render the prosecution case unreliable.

Supreme Court’s Observations

The Supreme Court found the High Court’s reasoning flawed and ruled that the trial court’s findings were a possible and reasonable view based on the evidence presented. The Supreme Court emphasized:

• The trial court’s observation that identification in the dark was difficult was reasonable.
• The lack of independent witnesses and the hostility of the sole independent witness weakened the prosecution’s case.
• The injuries on the accused suggested that it was a mutual fight rather than a premeditated attack.
• The presence of Shabbir Khan at the scene was unverified, and the High Court’s assumption that he could have traveled 28 km in half an hour was unsupported by evidence.

Quoting from Murugesan vs. State (2012) 10 SCC, the Supreme Court reiterated that an appellate court should not overturn an acquittal unless the trial court’s findings are perverse or unreasonable.

Final Judgment

The Supreme Court set aside the High Court’s judgment and restored the trial court’s acquittal of all 17 accused. The Court also ordered the immediate release of Ayub Khan, who had been in jail for 11 years.

Impact of the Judgment

This ruling reinforces the principle that appellate courts should not overturn acquittals unless the findings of the trial court are demonstrably perverse. The judgment upholds the fundamental principle that accused persons are entitled to the benefit of doubt when the prosecution fails to establish guilt beyond reasonable doubt.

The case serves as a reminder that courts must be cautious while convicting individuals solely based on weak identification evidence, especially in cases involving poor visibility conditions and political rivalries.

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