Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860: ss. 148, 149 and 302 – Prosecutioncase that victim attacked by five persons with sticks, axe and knife– PW 1, brother of the victim and investigating officer reached theplace of occurrence – Victim, named the assailants in his dyingdeclarations made separately to PW 1 and the investigating officer– On basis of the evidence of PW 1 and the investigating officer,eye witnesses and witnesses who were present when the dyingdeclaration was made by the deceased to PW1, conviction andsentence of the accused u/ss. 148 and 149 r/w s. 302 – Upheld bythe High Court – On appeal, held: On consideration of the numberof injuries suffered and their location and extent, the assertionsmade by both the medical professionals, that the deceased may nothave survived for more than ten minutes after receiving the injuriesis accepted – There is no contrary evidence in that behalf –Furthermore, PW 1 received the intimation that his brother was lyingin a pool of blood whereafter he rushed to the place of occurrence,admittedly at a distance of 15 minutes by walk – This means thetime was taken twice over – Person who had not seen the assaultbut informed PW1, had to cover the distance first and thereafterPW1 reached the place of occurrence – Investigating Officer, arrivedat the scene of occurrence even later – Thus, it is doubtful whetherthe deceased had survived long enough for PW 1 and investigatingofficer to arrive at the scene of occurrence and then make separatestatements to these witnesses – Thus, the appellant entitled to thebenefit of doubt and is acquitted of all the charges leveled againsthim. |
Judge | Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2018 INSC 1211 |
Petitioner | Gupteswar Behera |
Respondent | State Of Odisha And Another |
SCR | [2018] 14 S.C.R. 1209 |
Judgement Date | 2018-12-14 |
Case Number | 1586 |
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