Criminal appeal case where the appellants were convicted under Section 302, read with Section 149 of the Indian Penal Code (IPC), for the murder of Sahabuddin Choudhury. The High Court confirmed the conviction but acquitted one of the accused. However, the Supreme Court overturned the conviction based on procedural errors and lack of conclusive evidence. The appellants are acquitted of charges against them. The appeal is accordingly allowed.

1.     Background and Allegations:

·         The appellants were accused of murdering Sahabuddin Choudhury on February 3, 2013.

·         Eight accused were tried, with five convicted, one deceased during trial, and one acquitted.

2.     Submissions:

·         Defense counsel argued against the reliability of prosecution witnesses, citing contradictions and omissions in their testimonies.

·         The state contended that evidence of last seen together and established motive supported the conviction.

3.     Consideration of Submissions:

·         The Supreme Court highlighted a critical procedural flaw: the absence of an unlawful assembly, rendering Section 149 of IPC inapplicable.

·         The Court noted deficiencies in recording contradictions during cross-examination.

4.     Contradictions and Omissions:

·         Detailed explanation of the procedure for recording contradictions, as per Sections 162 and 145 of the CrPC and Evidence Act.

·         Importance of material contradictions and omissions in witness testimonies.

5.     Analysis of Evidence:

·         Examination of witness testimonies, highlighting contradictions and omissions.

·         Critical evaluation of witness accounts, noting discrepancies and lack of conclusive evidence.

·         Doubts raised regarding the reliability of witnesses and the prosecution's case.

6.     Conclusion:

·         Lack of reliable evidence to establish the involvement of the appellants in the murder.

·         Questioning the theory of "last seen together" due to inconsistencies in witness testimonies and the deceased's activities post-alleged encounter with the accused.