Supreme Court · 2019 INSC 141 · Decided 5 February 2019
Bikash Bora and ORS. v. The State of Assam
- Court
- Supreme Court of India
- Citation
- 2019 INSC 141 · [2019] 1 S.C.R. 1096
- Case number
- CRIMINAL APPEAL No. 164/2011
- Decided
- 5 February 2019
- Bench
- A.M. KHANWILKAR, K.M. JOSEPH (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 34, 304(II)
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 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,
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