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Criminal · Reportable judgment

Sakhawat and Anr. vs State of Uttar Pradesh

Court
Supreme Court of India
Date
23 May 2025
Case No.
Criminal Appeal No. 4571 of 2024
Bench
Abhay S. Oka, Augustine George Masih
Citation
[2025] 7 S.C.R. 139 : 2025 INSC 777
Acts & Sections
Constitution IPC
Supreme Court Reports [2025] 7 S.C.R. 139 : 2025 INSC 777
Issue for consideration
Matter pertains to the correctness of the order passed by the High Court upholding the conviction of the appellants under various sections of Penal Code, 1860, when the prosecution failed to conduct fair investigation and had suppressed affidavits of the eyewitnesses.
Headnote

Penal Code, 1860 – ss.34, 302, 307 – Murder – Failure to carry fair investigation – Appellants-accused convicted for murder of deceased and sentenced to life imprisonment whereas acquittal of accused no.1 – Bail applications by appellants – Sessions court relied on the affidavits of two eye-witnesses and granted bail – High Court upheld the order of the trial court – Correctness:

Held: Three out of four eyewitnesses admittedly filed the affidavits during the bail hearing of the accused, stating that the accused not involved – Investigating Officer did not controvert the affidavits by filing a counter-affidavit, though time was granted to him – Thus, by failing to carry out further investigation on the basis of affidavits, the prosecution failed to carry out a fair investigation – Moreover, prosecution tried to suppress the affidavits – Serious doubt created about the truthfulness of the versions of three prosecution witnesses-eye witnesses before the Court – As the prosecution did not conduct a fair investigation and suppressed important material in the form of affidavits of the prosecution witnesses-eye witnesses, unsafe to convict the appellants only on the basis of the testimony of the informant – Failure to conduct further investigation based on the affidavits goes to the root of the matter – Failure to recover the weapons of offence also relevant – Failure on the part of the High Court and the Session Court to consider the cross-examination of Investigating Officer and the suppression of the affidavits by the prosecution – High Court overlooked these highly relevant aspects – Thus, the impugned judgment set aside and the appellants acquitted of the offences alleged against them. [Paras 20-24, 26]

Practice and procedure – Record of trial court not to be referred as “lower court record” – Reiteration of the direction issued by this Court – Describing any Court as a “Lower Court” against the ethos of our Constitution – High Courts to take note of the said direction and act upon the same. [Para 25]

Keywords: Murder · Life imprisonment · Injured witness · Material prosecution witnesses · Fair trial · Affidavits in favour of accused · Supplementary statements of witnesses · Counter-affidavit · Failure to carry out fair investigation · Suppression of important material · Failure to recover weapons · Lower court · Lower court record · Ethos of Constitution

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Abhay S. Oka, J. FACTUAL BACKGROUND 1. This appeal has been filed against the judgment dated 9th October, 2018 of the High Court of Allahabad. The impugned judgment upheld the conviction of the appellant nos. 1 and 2 for the offences punishable under Section 302 and Section 307 read with Section 34 of the Indian Penal Code, 1860 (for short, ‘the IPC’). Both of them were sentenced to suffer life imprisonment. 2. First Information Report (for short, ‘the FIR’) dated 5th May, 1981 was registered against the accused no. 1 (Abrar), appellant no. 1/accused no. 2 (Sakhawat) and appellant
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