BIHARI NATH GOSWAMI vs SHIV KUMAR SINGH . — Crl.A. No. 1113/1997
Case under Section II-A. Status: Disposed.
CNR: SCIN010038831997
Filing Date
27-Feb-1997
Registration No
Crl.A. No. 1113/1997
Diary Number
3883/1997
Order Date
24-Feb-2004
Document Type
Judgment - of Main Case
Disposal Type
Dismissed
Last updated 01-Jun-2026
Acts & Sections
Petitioner(s)
-
1.BIHARI NATH GOSWAMI
Adv. DEBA PRASAD MUKHERJEE (Dead / Retired / Elevated)
Respondent(s)
-
1.SHIV KUMAR SINGH .
Adv. ASHOK MATHUR
Case History
The Supreme Court dismissed the appeal filed by Bihari Nath Goswami, father of deceased Anup Goswami, upholding the acquittal of respondents Shiv Kumar Singh and others. Although the trial court had convicted the accused for murder and abduction under Sections 302/149 and 364/149 IPC, the Patna High Court (by majority view) acquitted them, finding the prosecution's eyewitness evidence unreliable due to unexplained delays in reporting, inconsistent accounts of lighting conditions, and witnesses' suspicious conduct. The Supreme Court held that the acquittal constituted a "possible view" of the evidence and declined to interfere, applying the principle that where two views are possible, the view favourable to the accused should prevail. This case analysis is maintained by casestatus.in based on publicly available court records.
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