Supreme Court · 2001 INSC 119 · Decided 27 February 2001
Kanhai Mishra @ Kanhaiya Misar v. State of Bihar
- Court
- Supreme Court of India
- Citation
- 2001 INSC 119 · [2001] 2 S.C.R. 160
- Case number
- CRIMINAL APPEAL No. 887/2000
- Decided
- 27 February 2001
- Bench
- K.T. THOMAS, R.P. SETHI, B.N. AGRAWAL (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 376; CrPC Section 313
Headnote
Penal Code, Sections 302 and 376-Appellant allegedly raped and murdered deceased after taking her to an orchard-F ard-beyan was recorded after 5 hours-No direct ev.idence available-High Court upheld death sen­ tence passed by Trial Court:-On appeal Held, circumstantial evidence should be guilt to attract conviction-Court should endeavour to find out whether the accused committed the crime and circumstances form a complete chain­ Inconsistencies, contradictions and suppression present in statements of 1.0., informant and other witnesses-Material lvitnesses who could have
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