Supreme Court of India
Kartika @ Kirtan @ Kirtan Charan Jena v. The State of Odisha
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What the Court ordered
In view of the aforesaid decisions and the categorical finding recorded by the High Court that it was not possible for the prosecution witnesses to have witnessed the incident on a pitch- dark night or to identify the assailants merely on the basis of the sound of the assault, the testimony of the alleged eye-witnesses cannot be relied upon. 2 (2008) 7 SCC 755 13.
Judgment, page 12
In brief
On 14.05.2001 at about 4 p.m. accused Narendra @ Narahari Behera abused the informant's family and threatened to kill Dhruba Pradhan; at about 7 p.m. an armed group came to the house searching for him. The deceased, travelling by motorcycle, was allegedly intercepted at Agi Chhak, dragged into a paddy field and assaulted with a laterite stone, thenga, iron rod and bhujali, dying of his injuries, and his motorcycle was thrown into a pond.…
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