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april 2004

Supreme Court of India · 2004-04-21

YAKUB MIAN vs STATE OF BIHAR

Citation / case number
SC 1998/9585
Court
Supreme Court of India
Petitioner
YAKUB MIAN
Respondent
STATE OF BIHAR
Bench
N.SANTOSH HEGDE & B.P.SINGH.

Judgment text excerpt

The Supreme Court upheld the conviction of the appellant under Section 302 IPC for the murder of Mumtaz Mian, despite the High Court's reliance on evidence that was later deemed unreliable. The Court found that the evidence of the two sisters (PWs.3 and 10) was rightly disbelieved, and the prosecution's reliance on the blood-stained clothes was flawed due to the absence of human blood. The Court emphasized that the failure to confront the appellant with this evidence during his Section 313 Cr.P.C. statement was a significant procedural error, impacting the conviction's validity.

YAKUB MIAN vs STATE OF BIHAR · Niyam