REPORTABLE IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2024 (arising out of SLP (CRL.) No. 9170 of 2024)
KAMMU @ KAMLESH ..... APPELLANT(S)
VERSUS
STATE OF MADHYA PRADESH ..... RESPONDENT(S)
with
CRIMINAL APPEAL NO. OF 2024 (arising out of SLP(CRL.) No. 9989 OF 2024)
O R D E R
Leave granted.
By the impugned judgment of confirmation, the present
appellants, Kammu @ Kamlesh and Ansar, have been held guilty of the
murder of Ahsan/Aehsan in the chargesheet arising out of First
Information Report1 No. 76/2011 dated 30.01.2011 registered with
police station – City Kotwali, Mandsaur, Madhya Pradesh, for the
offence(s) punishable under Section 302 read with Section 120B2 and
Section 120B of the Indian Penal Code, 1860.3
We have gone through the impugned judgment and the judgment
of the trial Court and are of the view that there are discrepancies
in the prosecution’s evidence, which go to the root of the matter
1 For short, “FIR”. 2 Ansar has been convicted for offence(s) punishable under Sections 302 and 120B of the Indian Penal Code, 1860. 3 For short, “IPC”.
Crl.A. @ SLP(Crl.) No. 9170/2024 etc. 1
and, hence, the appeals have merit and are required to be allowed.
The trial Court and the High Court had primarily relied upon
the eye-witness account of Naushad Mewati (PW-2). However, in our
view, it is extremely doubtful as to whether Naushad Mewati (PW-2)
was really an ...