Supreme Court · 2008 INSC 1370 · Decided 1 December 2008
State of Orissa v. Sikhar Jena and Ors
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1370 · [2008] 16 S.C.R. 844
- Case number
- CRIMINAL APPEAL No. 564/2002
- Decided
- 1 December 2008
- Bench
- ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302
Headnote
'r' Penal Code, 1860: s.302 r.w. s.149 - Attack by mob - · c Death of 5 persons - Conviction of six accused, based on evidence of eye-witness - High Court ordered acquittal, by discarding evidence of eye-witness - Propriety of..:. Held: Not proper - High Court by abrupt conclusions - Merely stating that the evidence of D a witness was not believable was not sufficient - Matter remitted to High Court. l Prosecution case was that on the fateful day, there was clash between the rival groups. Havaldar (PW-2) E informed at the· police station that the accused
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)