LexASLAM ALIAS IMRAN versus THE STATE OF MADHYA PRADESH
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[2025] 3 S.C.R. 1226 : 2025 INSC 403 Aslam alias Imran v. The State of Madhya Pradesh (Criminal Appeal No. 1538 of 2025) 27 March 2025 [B.R. Gavai* and Augustine George Masih, JJ.] Issue for Consideration Matter pertains to the correctness of the order passed by the courts below convicting the accused-appellant u/s.302 IPC. Headnotes† Penal Code, 1860 – s.302 – Murder – Abusive quarrel between the appellant and the victim – Appellant attacked the victim with a butcher knife and victim succumbed to injuries – Relying on the evidence of the prosecution witnesses, the courts below convicted the appellant u/s.302 and sentenced him to life imprisonment – Correctness: Held: Evidence of the informant-PW-1 contradictory with that of PW-6 – Perusal of the testimony of PW-1 when compared with the testimony of PW-6, clearly casts a doubt on the truthfulness of this witness – Absence of bloodstains on his clothes the witnesses who carried the deceased to the hospital as also witnesses did not inform either the Police Station or the police constable who was standing at a distance of about 50 steps from the place of incident – PW-1 is the brother of deceased and as such an interested witness – Testimony of PW-1 does not inspire confidence – Conduct of PW-2 make his evidence unnatural – Adverse inference can be drawn on the statement of PW-3 – Furthermore, PW-4 was only deposing on the basis of hearsay, and other witnesses declared hostile – Thus, serious doubt on the veracity of the prosecution witnesses – Also, evidence on record that the deceased was history-sheeter and was facing many criminal cases including a case for attempt to murder, and evidence of prosecution witnesses that there was previous enmity between the deceased and the appellant – Enmity is a double-edged weapon – On one hand, it provides motive, on the other hand it also does not rule out the * Author [2025] 3 S.C.R. 1227 Aslam alias Imran v. The State of Madhya Pradesh possibility of false implication – From the nature of the evidence placed on record, the possibility of the appellant being falsely implicated on account of previous enmity cannot be ruled out – Appellant entitled to benefit of doubt – Order passed by the courts below quashed and set aside. [Paras 13-23] List of Acts Penal Code, 1860. List of Keywords Murder; Prosecution witness; Hearsay; Interested witness; Benefit of doubt; Falsely implicated. Case Arising From CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 1538 of 2025 From the Judgment and Order dated 26.09.2024 of the High Court of Madhya Pradesh Principal seat at Jabalpur in CRA No. 6 of 1996 Appearances for Parties Advs. for the Appellant: Sanjay R. Hegde, Sr. Adv., Prathvi Raj Chauhan, Venkatesh Rajput, Nepal Singh, Varun Kumar, Meghraj Singh. Adv. for the Respondent: Ms. Mrinal Gopal Elker. Judgment / Order of the Supreme Court Judgment B.R. Gavai, J. 1. Leave Granted. 2. The present appeal challenges the final judgment and order dated 26th September 2024, passed by the Division Bench of the High Court of Madhya Pradesh at Jabalpur1 in Criminal Appeal No. 6 of 1996 1 Hereinafter referred to as “the High Court”. 1228 [2025] 3 S.C.R. Supreme Court Reports filed by the Appellant herein whereby the High Court dismissed the Criminal Appeal and upheld the order of the III Additional Sessions Judge, Jabalpur (M.P.)2 passed in Sessions Trial No. 1023 of 1994 thereby convicting the accused-appellant under Section 302 of Indian Penal Code, 18603 and sentencing him to life imprisonment. 3. Shorn of details, the facts leading to the present appeal are as under: 3.1. On 22nd August 1994, at noon, the information about an attack on the deceased Zahid Khan alias Guddu was given to Omti Police Station and thereafter a Dehati was written by Sub- Inspector A.K Bajpai (PW-12) at 01:30 PM. 3.2. FIR No. 461/1994 was registered at Omti P.S on the same date narrating the attack on the deceased as per the information shared by Shahid Khan (PW-1) - the brother of the deceased. The prosecution case is as follows: On 22nd August 1994, at around 12.30 PM an abusive quarrel broke out on the road between the accused-appellant Aslam alias Imran and the deceased at an area “Naya Mohalla”. The accused thereafter attacked the deceased with a butcher knife (baka) causing multiple injuries on his hands and thighs, and a deep wound on his neck leading to the deceased bleeding profusely. The accused fled
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