Supreme Court of India
Harendra Sarkar v. State of Assam
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From the headnote
Penal Code, 1860 - ss. 302134 and 448134 - Mob of 14- 20 entered house and killed three and caused injuries to four - Incident occurred after communal riots broke out and curfew c imposed, on account of demolition of Babri Masjid - Evidence - Appreciation of - Conviction by trial court- However, High Court convicted five and acquitted others giving benefit of doubt- On appeal, held: Per Sinha, J-Appreciation of evidence must be done strictly as per law and on basis of materials on ) --( record - Ohly because offence was committed during communal riots, provisions of CrP . and Evidence Act
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