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2001 Supreme(SC) 57

R. C. LAHOTI, A. S. ANAND, DORAISWAMY RAJU
Nesar Ahmed – Appellant
Versus
State Of Bihar – Respondent


ORDER

This appeal by special leave is directed against the judgment of the High Court of Bihar dated 14th December, 1990 confirming the conviction and sentence of the appellants for an offence under Sections 302/34 IPC.

2. On the basis of a fard-bayan recorded on the statement of Anjira Khatoon - PW 3, sister of the deceased, at about 8.30 p.m. on 16th April, 1986, investigation was taken in hand and at the conclusion of the investigation, the appellants along with two others (father and sister-in-law of appellant No. 1) were tried for offences under Sections 302/34 IPC and Section 201 IPC. The trial Court, vide judgment dated 3rd October, 1988 acquitted all the four accused for the offence under Section 201 IPC but convicted them for offences under Sections 302/34 IPC and sentenced them to undergo life imprisonment. On appeal, the High Court acquitted the father and sister-in-law of accused No. 1 by giving them benefit of doubt vide judgment dated 14th December, 1990 but maintained conviction and sentence of both the appellants - husband and mother-in-law of deceased Aheleya Khatoon.

3. There is no eyewitness in this case. The entire case is based on circumstantial evidence. It is se






















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