VidhiSangh

Supreme Court of India · 14/12/2018

GUPTESWAR BEHERA versus STATE OF ODISHA AND ANOTHER

[2018] 14 S.C.R. 1209 · 2018 INSC 1211

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Summary

The Supreme Court acquitted Gupteswar Behera of the charges arising from a fatal assault. After the High Court rejected the alleged eyewitness accounts, the prosecution depended on oral dying declarations. Unchallenged medical evidence about the deceased’s brief survival and unconsciousness conflicted with the time needed for the witnesses to arrive. The resulting doubt entitled this appellant to acquittal.

Issues

  1. Whether the alleged oral dying declarations could sustain conviction despite the medical evidence and the witnesses’ arrival timeline.

Held

Result

Appeal allowed; the trial court and High Court judgments against Gupteswar Behera set aside and he was acquitted of all charges. Release directed unless required in another case.

Judgment PDF: Supreme Court of India, [2018] 14 S.C.R. 1209.