VidhiSangh

Supreme Court of India · 12/02/2021

THE STATE OF ODISHA versus BANABIHARI MOHAPATRA AND ANR.

[2021] 1 S.C.R. 612 · 2021 INSC 85

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Summary

The Supreme Court declined to interfere with refusal of leave to appeal against an acquittal in an alleged murder by electrocution. Although a short delay should not ordinarily defeat an appeal involving murder, the merits had also been considered. The medical evidence left accidental death possible, and the prosecution failed to establish a complete chain of circumstances proving the respondents’ guilt. Suspicion could not replace proof beyond reasonable doubt.

Issues

  1. Whether refusal of leave to appeal warranted interference where the High Court referred to a forty-one-day delay but the prosecution evidence also failed on merits.
  2. Whether the circumstantial and medical evidence established homicidal death caused by the accused beyond reasonable doubt.

Provisions considered

Held

Result

Special leave petition dismissed; the acquittal remained undisturbed and the pending application was disposed of.

Judgment PDF: Supreme Court of India, [2021] 1 S.C.R. 612.