The Apex Court on 19.02.2019, in Md. Rojali Ali & Ors. v The State of Assam , had dismissed the appeal that had been made against the Additional Sessions Judge’s and Gauhati High Court’s judgment against conviction and sentence of the accused.

FACTS:
The appellant along with twenty five other people trespassed into the house of the victims in the early morning and assaulted them using deadly weapons.
The  appellants were  convicted under Sections 148, 323 and 302 read with 149 of 2 the IPC by the Trial Court which was eventually confirmed by the High Court. Being aggrieved, an appeal was made in the Apex Curt wherein it was convicted by the appellant that eye witnesses testimony should not believed as they were closely related to the deceased.

DECISION HELD BY THE APEX COURT:
The Apex Court while dismissing the appeal held that evidence provided by a witness shall not be ignored merely because of his/ her close relation with the victim thereby upholding the witnesses’ testimony as reliance by further rejecting the appellant contention.

Judgment:

[embeddoc url=”https://www.sci.gov.in/supremecourt/2010/19214/19214_2010_Judgement_19-Feb-2019.pdf” download=”all”]