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Supreme Court Rips Apart 'Scripted' Probe: Acquits 12 in Assam Roadside Murder After 18-Year Battle
In a stinging rebuke to
, the
on
, acquitted 12 convicts in a brutal 2008 murder case, overturning lower court verdicts due to a "
" investigation. A bench of
Justice K. Vinod Chandran
(who authored the judgment) and
Justice Sanjay Kumar
lamented how poor policing wasted years, lives, and resources—some accused died during trial, others languished in jail. As reported in
, the court warned:
risk
"totally innocent persons being crucified."
Ambush on a Lonely Road: The Night That Sparked a Probe Nightmare
On , in Goalpara district's Gobindapur-Rabhapara PWD road—a secluded stretch near accused No. 1's house—Abdul Wahab and five companions (PW2, PW7, PW13, PW14, PW15) rode home on four motorbikes from Karbala Bazar. Prosecutors alleged 16 locals from Gobindapur ambushed them: a steel wire across the road toppled the bikes, chili powder blinded Wahab, and sharp weapons followed. Wahab suffered horrific injuries—multiple cuts to head, neck, chest; severed left hand; fractured bones and ribs—dying on the spot, confirmed by postmortem (Annexure P6).
Police rushed to the scene at 9:30 PM on a entry from , conducted , seized a beki dao, lathi, spike, and bikes (detailed with owners/riders in Annexure P4). But no FIR that night. Two days later, on , PW1 (deceased's relative, non-eyewitness) filed a complaint naming 13 accused plus 10-12 others identifiable by sight, based on unexamined Ashad Ali's account. Sixteen were charge-sheeted; trial court convicted 12 under . upheld most, leading to these appeals (Crl. A. Nos. 558/2021 etc.).
Key questions: Was the GD entry the true FIR? Did eyewitnesses (all relatives) hold up? Did lapses like delayed FIR, no forensics, unproven injuries doom the case?
Appellants' Volley: 'Deliberated FIR, Phantom Witnesses, No Science'
Led by Senior Counsel , appellants hammered the probe: - Delayed, Deliberated FIR : GD at 9:15 PM, but FIR after 3 days naming all accused—smacks of scripting. - Shaky Eyewitnesses : Inconsistencies in narratives/overt acts; relatives' presence unnatural on public road; fled or stayed? No statements promptly; delayed. - Unproven Injuries : No medical proof for "injured" PW14/PW6; injuries mismatch postmortem/weapons. - Probe Gaps : No blood collection for matching; seized weapons/bikes never forensically tested or shown to witnesses/doctors; dubious bike seizure list without ownership docs.
Counsel adopted arguments across appeals ( Sadek Ali @ Md. Sadek Ali v. State of Assam et al.).
State's Counter: 'Eyewitnesses Unshaken, GD is FIR'
Senior AAG defended: Five eyewitnesses (plus PW14 injured) corroborated via 18 witnesses; unshaken in cross-exam. IO PW18 noted PW14's hospital injury statement. Eyewitnesses fled fearing 16 armed attackers; prompt GD kickstarted probe (termed FIR by ), later complaint as S.161. Postmortem proved homicidal death by sharp weapons. by trial/ should stand—no names in GD normal as villagers identified later.
Why the Scales Tipped: Dissecting a House of Cards
The bench methodically dismantled the prosecution. No precedents cited overtly, but invoked: injured witnesses get higher credibility ( only if injuries proved ); related witnesses okay unless interested; FIR delays suspect if deliberated.
- FIR Fiasco : GD not FIR (informant/IO unexamined); PW1 non-eyewitness relied on unexamined Ashad Ali—fatal (para 10). Eyewitnesses allegedly present when police arrived, yet no immediate FIR?
- Eyewitness Mirage : All relatives; improbable six on four bikes (seizure list dubious, unproven ownership, bikes unseen in trial). PW14/PW6 injuries unproved—no wound certificates, hospital intimation. PW14's statement contradicted by IO.
- Forensic Void : No blood sample, weapons unanalyzed, unmatched to injuries.
- Errors : Wrongly deemed GD FIR, ignored eyewitness presence sans statements.
Result: Beyond postmortem proving brutal homicide, no credible case. As LiveLaw noted, prosecution weakened by non-eyewitness FIR basis.
Key Observations
"An inept investigation or a scripted enquiry, both are fatal to criminal prosecution; but the latter has lethal consequences when there is a possibility of totally innocent persons being crucified."(Opening para)
"The failure to examine the person who informed the complainant about the offence, especially when the complainant is not an eyewitness, can prove fatal to the prosecution's case."(Para 10, on Ashad Ali)
"When the eyewitnesses were present at the P.O there is no explanation as to why their statement was not recorded or the accused arrayed in a proper FIR immediately thereafter."(Para 11)
"It is unfortunate that PW18... failed to follow due procedure... Be it ignorance, inefficiency or malicious motivation, the crime is left unresolved..."(Para 22)
Clean Slate for Accused, Wake-Up Call for Cops
Appeals allowed; appellants acquitted; bail bonds cancelled.
Crime unsolved—perpetrators roam free due to police inertia. Bench urged
:
"better equip... educating them of due procedure."
Impacts: Heightens scrutiny on rushed charges, relative witnesses, probe basics. Innocents spared, but justice for Wahab? Still elusive.
