ARSHAD HUSSAIN versus STATE OF RAJASTHAN

ARSHAD HUSSAIN versus STATE OF RAJASTHAN

The prosecution suppressed the true genesis and manner of the incident; the High Court accepted the alibi of co-accused A-2 and A-3 which falsified crucial aspects of the prosecution story; additional infirmities—improbability that only the deceased was hit despite firing three 12-bore cartridges (540 pellets) within a seven-feet radius, failure to recover the scooters, and a doubtful recovery story of the gun—rendered the prosecution case unbelievable; accordingly the conviction and sentence of the appellant under Section 302 IPC were set aside and he was acquitted and ordered released.

Parties
Appellant: Arshad Hussain; Respondent: State of Rajasthan
Jurisdiction
India
Judgment Date
17 July 2013
Procedural Posture
Criminal Appeal / Judgment on Appeal to the Supreme Court
Outcome
Appeal allowed; conviction and sentence set aside; appellant acquitted and directed to be released if not required in any other case.
Legal Topics
Murder, Section 302 IPC, Section 34 IPC, Alibi, Benefit of Doubt, Private Defence, Recovery of Weapon, Credibility of Witnesses
Criminal Law Indian Penal Code, 1860 Arms Act, 1959 Evidence Murder Section 302 IPC Section 34 IPC Alibi +4 more

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Parties

Arshad Hussain

Appellant

State of Rajasthan

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal to the Supreme Court

Legal Issues

  1. 1 Whether the appellant committed murder punishable under Section 302 read with Section 34 IPC
  2. 2 Whether the High Court rightly accepted alibi of co-accused and effect of that on prosecution case
  3. 3 Whether the prosecution established genesis and manner of incident and credible recovery of weapon

Ratio Decidendi

The prosecution suppressed the true genesis and manner of the incident; the High Court accepted the alibi of co-accused A-2 and A-3 which falsified crucial aspects of the prosecution story; additional infirmities—improbability that only the deceased was hit despite firing three 12-bore cartridges (540 pellets) within a seven-feet radius, failure to recover the scooters, and a doubtful recovery story of the gun—rendered the prosecution case unbelievable; accordingly the conviction and sentence of the appellant under Section 302 IPC were set aside and he was acquitted and ordered released.

Court Disposition

Appeal allowed; conviction and sentence set aside; appellant acquitted and directed to be released if not required in any other case.

Orders

  • Conviction and sentence of the appellant under Section 302 read with Section 34 IPC set aside.
  • The appellant is directed to be released forthwith, if he is not required in any other case.