In Brief
In this criminal appeal, the Supreme Court examined the conviction of four accused (Bikash Bora, Atul Bora, Haren Rautia, and Dipankar Bora) for murder under Sections 302/34 IPC. The case was based on circumstantial evidence concerning the death of Jugeswar Kurmi. The Court acquitted three appellants (Bikash, Atul, and Haren) for lack of evidence showing their active participation or wielding of weapons, holding that mere presence at the crime scene does not establish guilt under Section 34 IPC. However, the Court upheld the conviction of Dipankar Bora for murder, as the lathi used in the assault was recovered from his house, and nine proved circumstances clinchingly established his involvement. The appeal was partly allowed.
The lawyer headnote and full judgment text are available to registered users.