Supreme Court · 1987 INSC 93 · Decided 2 April 1987
State of Orissa v. Bhagaban Barik
- Court
- Supreme Court of India
- Citation
- 1987 INSC 93 · [1987] 2 S.C.R. 785
- Case number
- CRIMINAL APPEAL No. 405/1978
- Decided
- 2 April 1987
- Bench
- A.P. SEN, V. BALAKRISHNA ERADI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 79, 304, 52
Headnote
B Indian Penal Code, 1860-s. 79 or 304 Part JI-Strained relations -A between deceased and respondent-Lathi blow inflicted with full force I on deceased's head causing his death-Respondent claiming to have ~ acted in private defence of his property believing the deceased to be a • and good faith not established-Whether s. 79 attracted or conviction under s. 304 Part II -~ justified. Words and Phrases: ingof. 'Mistake of fact' and 'good faith'-Mean· D On the date of incident when the deceased was returning from the house of PW 2 after reciting Bhagbat, where some
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)