Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | circumstantial evidence common intention s. 302 Section 34 Murder |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Penal Code, 1860 – s. 302 – Murder – Prosecution case that appellants caused fatal injuries to victim to which he succumbed – Conviction of the appellants u/ss. 302/34, and sentenced accordingly, on the basis of the circumstantial evidence and the evidence of an eye witness – High Court upheld the order of conviction and sentence, however held that the prosecution witness was not an eyewitness – On appeal, held: All the circumstances taken together do not clinchingly establish the complicity of the appellants-BB, AB and HR – Mere presence at the scene of crime, cannot be the basis to record a finding of guilt against them by applying s. 34 – However, circumstances noted by the courts below establish the involvement of appellant-DB in causing death of deceased, on account of recovery of the weapon from his house, which was used to assault the deceased – Courts below right in relying upon the evidence of the eye witness and the doctor – Conclusion by the High Court that it was a case of causing murder of the deceased, albeit by DB, an offence liable to be punished u/s. 302 simpliciter is upheld – It is not a case to convert the offence of murder to one u/s. 304 (II) – Appellants-BB, AB and HR acquitted of the offence u/ss. 302/34 by giving them benefit of doubt – However, the conviction and sentence of DB u/s.302 upheld. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2019 INSC 141 |
Petitioner | Bikash Bora And Ors. |
Respondent | The State Of Assam |
SCR | [2019] 1 S.C.R. 1096 |
Judgement Date | 2019-02-05 |
Case Number | 164 |
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