Supreme Court · 2018 INSC 1211 · Decided 14 December 2018
Gupteswar Behera v. State of Odisha and Another
- Court
- Supreme Court of India
- Citation
- 2018 INSC 1211 · [2018] 14 S.C.R. 1209
- Case number
- CRIMINAL APPEAL No. 1586/2018
- Decided
- 14 December 2018
- Bench
- UDAY UMESH LALIT, R. SUBHASH REDDY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 148, 149, 302; CrPC Section 161
Headnote
Penal Code, 1860: ss. 148, 149 and 302 - Prosecution case that victim attacked by five persons with sticks, axe and knife - PW 1, brother of the victim and investigating officer reached the place of occurrence - Victim, named the assailants in his dying declarations made - On basis of the evidence of PW 1 and the investigating officer, eye witnesses and witnesses who were present when the dying declaration was made by the deceased to PW1, conviction and sentence of the accused u/ss. 148 and 149 r/w s. 302 - Upheld by the High Court - On appeal,
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