Supreme Court · 2021 INSC 379 · Decided 4 August 2021
Surajdeo Mahto and ANR. v. The State of Bihar
- Court
- Supreme Court of India
- Citation
- 2021 INSC 379 · [2021] 8 S.C.R. 911
- Case number
- CRIMINAL APPEAL No. 1677/2011
- Decided
- 4 August 2021
- Bench
- N.V. RAMANA, SURYA KANT, ANIRUDDHA BOSE (3-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC; Constitution Article 136; Juvenile Justice Act
Headnote
Evidence: Circumstantial evidence - Conviction on basis of - Permissibility of - On facts, prosecution case that appellant no. 1 lured the victim out of his house, remained with him all along, on the fourth day joined by appellant no. 2 thereafter, both conspired and murdered the no. 1 and 2, u/s. 302 r/w 34 and 120B and sentenced accordingly - Appellant no. 1 also convicted u/s. 364 - Upheld by the High Court - On appeal, held: Upon considering the prosecution evidence in entirety, no reason to disbelieve the prosecution version of last seen theory
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