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Firoz Khan Akbarkhan v. State of Maharashtra

Criminal Appeal · 2025 INSC 387Decided 24 Mar 2025
Crl.A. No. 257 of 2013
Justice Abhay S. Oka · Justice Ahsanuddin Amanullah · Justice Augustine George Masih

Background

The appellant, along with two co-accused, was tried for the murder of one Sukhdeo Dhurve, who was stabbed and kicked to death in a public market following a quarrel rooted in a dispute over the deceased's sister's relationship with another villager. The Trial Court convicted the appellant and one co-accused under Sections 302/34 IPC and sentenced them to life imprisonment, while acquitting the third accused; the Bombay High Court (Nagpur Bench) upheld this conviction. The appellant challenged that conviction before the Supreme Court, arguing he was falsely implicated due to community rivalry and that eyewitness testimony was inconsistent and delayed.

Decision Breakdown

The Supreme Court held that the prosecution proved its case beyond reasonable doubt, relying on the consistent testimony of eyewitnesses who saw the appellant stab the deceased, and reaffirmed settled law that minor discrepancies (as opposed to material contradictions) in witness accounts do not weaken a prosecution case. The Court dismissed the appeal and upheld the conviction and life sentence. However, noting that the appellant had already served over 14 years and 10 months in actual custody (and over 20 years counting remission), the Court granted him liberty to apply afresh for premature release, directing the State Government to pass a reasoned order on any such application within three months.

Lesson Learnt

Minor inconsistencies in eyewitness testimony, as opposed to real contradictions, will not by themselves create reasonable doubt in a criminal case. Separately, convicts who have served very long prison terms can seek premature release/remission under the government policy applicable to their case, and courts can direct authorities to decide such applications expeditiously.

Official source (sci.gov.in)View Judgment (PDF)

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