& Ors Vs. State of Bihar  INSC 359 (23 July 1998)
Nanavati, S.P. Kurdukar Nanavati, J.
appellants are challenging the judgment of the Patna High Court in Criminal
appeal No. 10/88, whereby the conviction of the appellants was upheld.
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.
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.
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.
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.
appeal is, therefore, dismissed.