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february 2011

Supreme Court of India · 2011-02-24

Swapan Kumar Senapati vs State Of West Bengal

Citation / case number
AIR 2011 SC (CRIMINAL) 1034
Court
Supreme Court of India
Petitioner
Swapan Kumar Senapati
Respondent
State Of West Bengal
Bench
Chandramauli Kr. Prasad, Harjit Singh Bedi

Judgment text excerpt

The Supreme Court upheld the conviction of Swapan Kumar Senapati under Section 304(II) IPC for the murder of his uncle, Satkari Senapati, despite the trial court's acquittal. The Court found the testimonies of P.W. 3 and P.W. 7 credible, dismissing the argument that they were interested witnesses, and noted that the medical evidence corroborated the ocular evidence. The Court ruled that the delay in filing the FIR was justifiable given the familial context and the initial lack of visible injuries on the deceased.

Swapan Kumar Senapati vs State Of West Bengal · Niyam