Supreme Court · 2011 INSC 157 · Decided 24 February 2011
Swapan Kumar Senapati v. State of West Bengal
- Court
- Supreme Court of India
- Citation
- 2011 INSC 157 · [2011] 3 S.C.R. 205
- Case number
- CRIMINAL APPEAL No. 2129/2009
- Decided
- 24 February 2011
- Bench
- H.S. BEDI, C.K. PRASAD (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC Section 325, 341, 304(II)
Headnote
A B Penal Code, 1860: s.325 - Grievous hurt - Accused assaulted his .uncle - No external injury - Death of accused's C uncle after three days - FIR lodged u/ss.341 and 325 three days after incident stating that the accused attacked the deceased, sat on his chest and hit him on his head with a that prosecution story was not credible and acquitted the accused - High Court, however, convicted D the accused u/s.304 Part-II and sentenced him to seven years rigorous imprisonment - On appeal, held: In the facts of the case, conviction u/s.304-11 was not justified- Delay in lodging FIR was
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