Supreme Court · 2013 INSC 137 · Decided 6 March 2013

Joydeb Patra & ORS. v. State of West Bengal

Court
Supreme Court of India
Citation
2013 INSC 137 · [2013] 4 S.C.R. 192
Case number
CRIMINAL APPEAL No. 203/2007
Decided
6 March 2013
Bench
A.K. PATNAIK, S. J. MUKHOPADHAYA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 302134, 34; Evidence Act Section 106

Headnote

Penal Code, 1860 - s. 302134 - Alleged murder of C woman by poisoning - By her husband and his relatives - Conviction by courts below, solely on the basis of ocular testimony of the doctor who had conducted postmortem - Courts below placed onus on the accused to prove that the deceased did not die - Held: The o Inquest Report, Postmortem Report and Chemical Examiner's Report do not show that death occurred due to poisoning - Prosecution failed to establish beyond reasonable doubt that poison was administered to the deceased - Courts be/uw wrongly shifted the onus on the accused persons

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