VidhiSangh

Supreme Court of India · 05/02/2019

BIKASH BORA AND ORS. versus THE STATE OF ASSAM

[2019] 1 S.C.R. 1096 · 2019 INSC 141

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Mere presence at the scene did not establish three accused persons’ common intention or participation in a fatal assault. They received benefit of doubt. The fourth accused’s murder conviction was sustained on the proved circumstantial chain, including recovery of the weapon from his house. The fact that there were only two fatal injuries did not justify reducing his offence to culpable homicide not amounting to murder.

Issues

  1. Whether the circumstantial evidence established each appellant’s responsibility for murder with common intention.
  2. Whether the surviving conviction should be reduced to Section 304 Part II IPC.

Held

Result

Appeal partly allowed. Convictions of Bikash Bora, Atul Bora and Haren Rautia under Sections 302/34 IPC set aside and they acquitted on benefit of doubt. Dipankar Bora’s appeal dismissed; conviction and sentence under Section 302 IPC simpliciter upheld, bail bond cancelled and surrender directed within four weeks to serve the remainder, failing which police to proceed according to law.

Judgment PDF: Supreme Court of India, [2019] 1 S.C.R. 1096.