BIHARI NATH GOSWAMI vs SHIV KUMAR SINGH . — Crl.A. No. 1113/1997

Case under Section II-A. Status: Disposed.

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

Section II-A

Petitioner(s)

  1. 1.BIHARI NATH GOSWAMI

    Adv. DEBA PRASAD MUKHERJEE (Dead / Retired / Elevated)

Respondent(s)

  1. 1.SHIV KUMAR SINGH .

    Adv. ASHOK MATHUR

Case History

  1. Case disposedDisposed

  2. 24-Feb-2004

    Judgment - of Main CaseView PDF

  3. 19-Feb-2004

    ROP - of Main CaseView PDF

  4. 05-Feb-2004

    ROP - of Main CaseView PDF

  5. 29-Jan-2004

    ROP - of Main CaseView PDF

  6. 27-Feb-1997

    Case filed

    Registration No. Crl.A. No. 1113/1997

casestatus.in Summary

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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