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2002 Supreme(SC) 835

BRIJESH KUMAR, R.C.LAHOTI
Mohibur Rahman – Appellant
Versus
State Of Assam – Respondent


JUDGMENT

R.C. Lahoti, J.-The two accused-appellants have been held guilty of the offences punishable under Sections 302/34 and 201/34 of the IPC. Each of the accused-appellants has been sentenced to imprisonment for life and a fine of Rs. 2,000/-, in default to suffer R.I. for one year and seven years R.I. and a fine of Rs. 500/- in default to suffer R.I. for three months respectively for the two offences. The substantive terms of imprisonment have been directed to run concurrently. The conviction and sentence as recorded by the trial Court have been upheld by the High Court.

2. There were in all seven accused persons put up for trial out of which five were acquitted by the trial Court and their acquittal has achieved a finality. There is no eye witness to the crime. The conviction rests on circumstantial evidence. Without entering into very many details of the prosecution story and the nature of evidence coming through the mouth of several prosecution witnesses at the trial, it would suffice for our purpose, in the facts and circumstances of the case, to set out the circumstances which in the opinion of the High Court are incriminating and form such chain of incriminating circ



















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