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april 1987

Supreme Court of India · 1987-04-02

STATE OF ORISSA vs BHAGABAN BARIK

Citation / case number
SC 1978/90333
Court
Supreme Court of India
Petitioner
STATE OF ORISSA
Respondent
BHAGABAN BARIK
Author
A.P. SEN
Bench
A.P. SEN

Judgment text excerpt

The Supreme Court held that the High Court's acquittal was erroneous, causing a manifest miscarriage of justice. It clarified that under Section 79 IPC, a mistake of fact must be assessed in good faith, but in this case, the respondent acted with complete absence of good faith, as he intentionally struck the deceased with a lathi, resulting in death. The Court convicted the respondent under Section 304 Part II IPC, sentencing him to three years of rigorous imprisonment.

STATE OF ORISSA vs BHAGABAN BARIK · Niyam