HABEEB MOHAMMAD vs THE STATE OF HYDERABAD.

The Supreme Court held that the prosecution must call essential witnesses to substantiate its case, as their absence can lead to adverse inferences regarding the fairness of the trial. In this case, the failure to examine the Deputy Commissioner of Police, a key eyewitness, resulted in a lack of a fair trial, leading to the conviction being set aside. The Court emphasized that police diaries should not be used to confirm evidence but only to aid in inquiries, and it would intervene under Article 136 if a trial was not fair and proper.