Full Judgment Text
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PETITIONER:
MD. MAHIRUDDIN AND ORS.
Vs.
RESPONDENT:
STATE OF BIHAR
DATE OF JUDGMENT: 23/07/1998
BENCH:
G.T. NANAVATI, S.P. KURDUKAR
ACT:
HEADNOTE:
JUDGMENT:
J U D G M E N T
Nanavati, J.
The appellants are challenging the judgment of the
Patna High Court in Criminal appeal No. 10/88, whereby the
conviction of the appellants was upheld.
The three appellants were convicted under Section 302
read with Section 34 IPC for the murder of Bibi Matluwa by
the trial court after considering the circumstances which
were proved against them. The High Court on reappreciation
of the evidence has also come to the conclusion that the
prosecution had satisfactorily proved the incriminating
circumstances which establish the guilt of the appellants.
The trial court and also the High Court took into
consideration the falls explanation given by the appellants
soon after the incident as regards the cause of death of
Bibi Matluwa.
In our opinion, the courts below were right in relying
upon these circumstances and the falls explanation given by
the appellants which supplied the missing link in the chain
of circumstances which was otherwise complete.
Having gone through the evidence and the judgments of
both the courts below, we are satisfied that they were
rightly convicted by the trial court and their conviction
has been rightly upheld by the High Court.
This appeal is, therefore, dismissed.