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Gupteswar Behera vs. State of Odisha & Anr. – (SC)

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Penal Code, 1860–Sec. 302/149–Conviction–Sustainability–Version of eye witnesses was found unreliable by the High Court–Two sets of dying declarations–Medical evidence revealing that the deceased may not have survived for more than ten minutes after receiving the injuries, appears to be quite correct–Distance for reaching by PW 1 at the spot was the fifteen minutes–Person who informed him, also covered the same distance–Time was taken twice over–PW 15 also reached later–It is extremely doubtfull that the separate statement was made by deceased before these witnesses–Appellant is entitled for getting the benefit of doubt.