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Supreme Court of India 2021-08-04 partly_allowed

Surajdeo Mahto and Anr vs State of Bihar

Bench: 3 — Surya Kant

In Brief

Two appellants challenged their conviction for murder, abduction and criminal conspiracy. The deceased was last seen alive with them on 9 April 1987; his body was found two days later. The High Court had upheld their conviction based on circumstantial evidence. The Supreme Court, reviewing the evidence under the five cardinal principles for circumstantial cases, upheld Appellant No.1's conviction, finding established motive, compelling 'last seen alive' evidence corroborated by medical opinion, false statements about the deceased's whereabouts, and absconding behaviour. However, it acquitted Appellant No.2, finding the chain of circumstances against him incomplete—no motive, no evidence of prior conspiracy, no incriminating material recovered, and insufficient corroboration. The Court rejected Appellant No.1's belated plea of juvenility, deeming the documents unreliable. The appeal was partly allowed.

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Criminal Law Evidence Law Circumstantial Evidence Juvenile Justice Murder Abduction Conspiracy

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