Supreme Court of India · 2003-02-06
BASISTH ROY vs STATE OF BIHAR
- Citation / case number
- SC 2001/12836
- Court
- Supreme Court of India
- Petitioner
- BASISTH ROY
- Respondent
- STATE OF BIHAR
- Author
- SANTOSH HEGDE
- Bench
- N SANTOSH HEGDE & B P SINGH.
Judgment text excerpt
The Supreme Court upheld the conviction of the ten appellants under Section 302 read with Section 149 IPC for the murder of Rajendra Kanu, affirming that the prosecution established the presence of a common intention among the accused to commit the crime. The Court noted that while one accused, Govind Rai, had died during the trial, the evidence against the remaining accused was insufficient to attribute any specific overt act to them, leading to a nuanced consideration of their culpability. The appeal was ultimately dismissed, confirming the High Court's decision.