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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.