Supreme Court of India
Bikash Bora and Ors. v. The State of Assam
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From the headnote
Penal Code, 1860 – s. 302 – Murder – Prosecution case that appellants caused fatal injuries to victim to which he suc cumbed – Conviction of the appellants u/ss. 302/34, and sent enced accordingly, on the basis of the circumstantial evi dence and the evidence of an eye witness – High Court upheld the order of conviction and sentence, however held that the prosecution witnes s was not an eyewitness – On appeal, held: All the ci rcumstances taken together do not clinchingly establish the com plicity of the appellants-BB, AB and HR – Mere presence at the scene o f crime, cannot be the basis to
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