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.