Supreme Court of India
Allarakha Habib Memon Etc. v. State of Gujarat
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the considered opinion that the prosecution has failed to lead convincing evidence establishing the guilt of the accused appellants beyond all manner of doubt so as to hold the accused appellants responsible for the crime.
Judgment, page 32
From the headnote
Issue for Consideration As per the FIR (Exhibit-79) there were two eyewitnesses to the incident, PW-12-Police Constable and PW-11-the first informant who was deceased’s cousin brother. PW-12 claiming to be an eyewitness to the incident had reported at the police station with the crime weapons however, he did not lodge any complaint of the incident. FIR was registered on the basis of the oral statement of PW-11. Testimony of the aforesaid witnesses, if was trustworthy and reliable. In view of inconsistencies and contradictions in the evidences, whether the conviction of the accused-appellants
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