Supreme Court of India
Padman Bibhar v. State of Odisha
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
2 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the above discussion, we set aside the impugned conviction and sentence imposed by the High Court and the Trial Court and acquit the appellant for the charges under Sections 302 and 201 IPC. The appellant be set at liberty, if he is not required in any other case.
Judgment, page 12
From the headnote
Issue for Consideration Whether appellant can be convicted only on the basis of evidence on ‘last seen together’. Headnotes† Penal Code, 1860 – ss.302, 201 – Murder – Circumstantial evidence – Last seen theory – Victim-deceased along with PW-1, PW-2 and appellant-accused went to a river to take bath – From there, the appellant/accused and the deceased went to cashew field – The appellant and the deceased did not return for long time, however, PW-1 and PW-2 returned to the village – On the next day, PW-3 (father of deceased) went to the riverside in search of his son and found his dead body…
Authorities it was built on
- 1984 Sharad Birdhi Chand Sarda v. State of Maharashtra
- 2007 Deshraj v. Bodhraj
- 2013 Sujit Biswas v. State of Assam
- 2012 Ramesh Harijan v. State of U.P.
- 2014 Kanhaiya Lal v. State of Rajasthan
- 2022 Ramanand @ Nandlal Bharti v. State of Uttar Pradesh
- 2016 Rambraksh @ Jalim v. State of Chhattisgarh
- 1981 Rama Nand and Ors. v. State of Himachal Pradesh
Where later benches applied it
Of those, 2 mentioned
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