Supreme Court of India
Swapan Kumar Senapati v. State of West Bengal
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From the headnote
Penal Code, 1860: s.325 - Grievous hurt - Accused assaulted his .uncle - No external injury - Death of accused's uncle after three days - FIR lodged u/ss.341 and 325 three days after incident stating that the accused attacked the deceased, sat on his chest and hit him on his head with a stone - Trial court held that prosecution story was not credible and acquitted the accused - High Court, however, convicted the accused u/s.304 Part-II and sentenced him to seven years rigorous imprisonment - On appeal, held: In the facts of the case, conviction u/s.304-11 was not justified- Delay in lodging
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