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march 2013

Supreme Court of India · 2013-03-06

Joydeb Patra & Ors vs State Of West Bengal

Citation / case number
AIR 2013 SUPREME COURT 2878
Court
Supreme Court of India
Petitioner
Joydeb Patra & Ors
Respondent
State Of West Bengal
Author
A.K. Patnaik
Bench
Sudhansu Jyoti Mukhopadhaya, A.K. Patnaik

Judgment text excerpt

The Supreme Court overturned the conviction of the appellants under Section 302/34 IPC, holding that the prosecution failed to establish that the death of Madhabi Patra was due to poisoning. The Court noted that the postmortem report and the chemical examination did not detect any poison in the viscera, undermining the basis of the conviction. The Court emphasized that the onus was on the prosecution to prove the cause of death, which it failed to do, leading to the acquittal of the appellants.

Joydeb Patra & Ors vs State Of West Bengal · Niyam