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Supreme Court of India 2019-02-05 partly_allowed

Bikash Bora and Ors vs State of Assam

Bench: 2 — A.M. Khanwilkar

In Brief

This case involved the death of Jugeswar Kurmi, allegedly caused by four chowkidars (night watchmen) at a tea estate. The Trial Court and High Court convicted all four under Section 302/34 IPC (murder with common intention) based on circumstantial evidence. The Supreme Court held that while the nine circumstances proved the involvement of Dipankar Bora (from whose house the weapon was recovered), the mere presence of the three other appellants at the scene was insufficient to establish their guilt under Section 34 without evidence of common intention. The Court acquitted Bikash Bora, Atul Bora, and Haren Rautia but upheld Dipankar Bora's conviction under Section 302 IPC.",

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Criminal Law Evidence - Circumstantial Indian Penal Code Murder and Culpable Homicide Common Intention Accomplice Liability

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