Supreme Court Acquits All Accused in Assam Land Dispute Murder Case
The Supreme Court of India recently delivered a significant judgment in the case of Md. Jabbar Ali & Ors. vs. The State of Assam, wherein all the accused were acquitted of murder and other charges arising from a land dispute. The decision overturned the convictions upheld by the Gauhati High Court, which had sentenced some of the accused to life imprisonment under Section 302 read with Section 149 of the Indian Penal Code (IPC).
Background of the Case
The case stemmed from an incident on November 19, 1999, in Barpeta, Assam, where a land dispute between two parties escalated into violence. According to the prosecution, the accused formed an unlawful assembly and attacked the complainant’s party while they were ploughing the disputed land. In the altercation, one person, Ekkabar Ali, was fatally stabbed, while others sustained injuries.
The First Information Report (FIR) was lodged on the same day, and the police filed a chargesheet against 11 accused under Sections 147, 148, 149, 447, 323, 324, 307, and 302 of the IPC.
Trial Court Conviction
The Fast Track Court, Barpeta, convicted nine of the accused and sentenced three of them to life imprisonment under Section 302 read with Section 149 IPC. Others received lesser sentences under Sections 148, 323, and 447 IPC. The court ruled that the accused formed an unlawful assembly with the intent to seize land and, in furtherance of this objective, caused the death of Ekkabar Ali.
Read also: https://judgmentlibrary.com/supreme-court-upholds-conviction-in-uttar-pradesh-murder-case/
High Court Appeal
On appeal, the Gauhati High Court upheld the convictions, stating that the prosecution had successfully proved that the accused had committed the crime as members of an unlawful assembly. The court rejected the defense’s claim that the case was fabricated and found no merit in the argument that the accused were not present at the crime scene.
Supreme Court Analysis
The Supreme Court reviewed the case in detail, focusing on the reliability of witness testimonies and the inconsistencies in the prosecution’s evidence. The key findings of the Court included:
- There were contradictions in the testimonies of prosecution witnesses regarding who delivered the fatal blow to Ekkabar Ali.
- The FIR named all accused, but independent witnesses were not examined, raising doubts about the impartiality of the investigation.
- The prosecution failed to establish that an unlawful assembly was formed with the common object of causing death.
- The medical evidence did not conclusively support the prosecution’s claim regarding the nature of the fatal injury.
- The defense’s plea of alibi was not adequately considered by the lower courts.
Key Observations by the Supreme Court
The Supreme Court made the following critical observations while delivering its verdict:
“On an analysis of the evidence produced by both parties, what emerges is that there are variations in the evidence of PW-6, the first informant, and the evidence of PW-1, PW-2, and PW-4 regarding who gave the fatal blow to deceased Ekkabar Ali.”
“When it is not clear as to who stabbed the deceased, the finding of the Fast Track Court, that the evidence of PW-6 finds corroboration with the evidence of PW-1 and PW-2, is erroneous and cannot be sustained.”
“The inherent contradictions in the evidence of the prosecution witnesses do not prove the case of the prosecution beyond reasonable doubt.”
Final Judgment
The Supreme Court concluded that the conviction was based on unreliable evidence and that the prosecution failed to prove the charges beyond reasonable doubt. The Court ruled:
“The High Court as well as the Trial Court have failed to take into consideration the vital discrepancies and inconsistencies in the evidence of the prosecution witnesses and therefore the High Court was not justified in reaffirming the judgment and order of conviction passed by the Fast Track Court.”
Accordingly, the Court set aside the convictions and acquitted all the accused.
Implications of the Judgment
This verdict highlights the importance of consistent witness testimony and independent evidence in criminal cases. The judgment also reaffirms the principle that convictions must be based on reliable and conclusive evidence, not just on the assumption of guilt due to association with an alleged unlawful assembly.
The Supreme Court’s decision serves as a reminder that courts must exercise caution while relying on contradictory witness statements and that the benefit of doubt must be given to the accused when the prosecution’s case lacks coherence.
Petitioner Name: Md. Jabbar Ali & Ors..Respondent Name: The State of Assam.Judgment By: Justice Ajay Rastogi, Justice B.V. Nagarathna.Place Of Incident: Barpeta, Assam.Judgment Date: 16-10-2022.
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