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
- Whether the alleged oral dying declarations could sustain conviction despite the medical evidence and the witnesses’ arrival timeline.
Held
- The High Court had rejected the alleged eyewitness testimony as unreliable, leaving the asserted dying declarations as the material basis for conviction. (¶¶ 8, 10)
- The medical evidence indicated that the deceased would become unconscious within about five minutes and could survive only a few minutes thereafter without regaining consciousness. That evidence was not challenged or clarified through re-examination. (¶ 11)
- The time required to inform the deceased’s brother and return to the scene, followed by the investigating officer’s later arrival, created serious doubt whether the deceased could have made the separate declarations attributed to him. The appellant was entitled to the benefit of that doubt. (¶¶ 12, 13)
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.