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Indian Penal Code Section 302 Evidence Act Section 33

Indian Penal Code-Section 302 – Murder, Evidence Act-Section 3 – Circumstantial Evidence

SUPREME COURT OF INDIA

Before : – N.V. Ramana and Mohan M. Shantanagoudar,JJ.

Criminal Appeal No – 877 OF 2011. D/D. 31.10.2018

Mukhytar Jabbar Tadvi– Appellants

Versus

State of  Maharashtra – Respondents

For the Appellants : Dr. Vipin Gupta, Advocate.

For the Respondents : Ms. Deepa M. Kulkarni, Nishant Ramakantrao Katneshwarkar, Advocate

IPC 1860, Section 302 – Evidence Act, 1872, Section 3 – Murder – Circumstantial evidence

After hearing cry of deceased informant immediately opened door and saw injured deceased – Accused holding blood stained knife seen standing behind deceased – Accused thereafter ran away and deceased fell down – Deceased told his father informant that accused assaulted him with knife – Evidence of informant fully corroborated by evidence of other witnesses  and post mortem report – Deceased and accused seen together by gate keeper of theatre – Both accused and deceased left cinema hall together – Accused absconded for seven months – Trial Court and High Court were justified in convicting accused by concluding that all circumstances proved by prosecution, and form complete chain – No interference in findings.

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