| ASPECTS | DETAILS |
| Case Title | Alauddin & Ors. vs. The State of Assam & Anr. |
| Introduction | Appeal against conviction under IPC. |
| Factual Background | Appellants convicted for murder of Sahabuddin Choudhury. Incident on 3rd February 2013 behind an L.P. School. |
| Legal Issues | Reliability of prosecution witnesses’ testimonies, presence of unlawful assembly, procedural lapses. |
| Applicable Law | IPC Section 302 read with Section 149. |
| Analysis | No mention of unlawful assembly, contradictions in testimonies, omissions in statements. |
| Conclusion | Conviction under Section 302 with the aid of Section 149 not sustainable. Importance of recording contradictions and omissions properly. |
| Current Scenario | Appellants acquitted of Section 302 with the aid of Section 149. |
CASE SUMMARY – The appellants were convicted for the murder of Sahabuddin Choudhury under IPC Section 302 read with Section 149. However, the court found no mention of an unlawful assembly, which is essential for invoking Section 149. There were significant contradictions and omissions in the testimonies of prosecution witnesses. The conviction under Section 302 with the aid of Section 149 was deemed unsustainable. This case underscores the importance of recording contradictions properly and ensuring that omissions are significant enough to affect the witness’s reliability.
SOURCE – SUPREME COURT OF INDIA
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