Landmark Judgement

Bishna @ Bhiswadeb Mahato vs. State of WB

Res Gestae “Relevancy of Facts Forming Part of same Transaction”

Supreme Court·28 October 2005
Bishna @ Bhiswadeb Mahato vs. State of WB
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Judgement Details

Court

Supreme Court

Date of Decision

28 October 2005

Judges

S.B. Sinha ⦁ R.V. Raveendran

Citation

(2006) 3 CALLT 9, AIR 2006 SUPREME COURT 302

Acts / Provisions

Section 13(1)(ia), Hindu Marriage Act, 1955

Section 25, Hindu Marriage Act, 1955

Facts of the Case

  • The facts of the case are that  An incident takes place in a village in the morning and that too at the harvesting time, presence of the villagers and in particular those who claim right, title, ownership as well as possession of the land in question is not unnatural. 
  • An occurrence took taken place on the previous day. The witnesses did not say that they had run away from their land to some other place. They merely said that they retreated to some extent and thereafter they were chased. 
  • The assault on the deceased as also other prosecution witnesses took place almost at the same place.
  • The investigating officer found the dead body of Prankrishna as well as Nepal Mahato in an unconscious condition near about the same place.

Issues

Whether the testimonies of the witnesses are reliable enough for the accused to be convicted?

Held

The Court held that for the purpose of attracting Section 34 of the IPC, a specific overt act on the part of the accused is not necessary. He may even wait and watch. Inaction on the part of an accused may sometimes go a long way to achieve a common intention or an object with others.

Analysis

  • The Supreme Court concluded that the two witnesses rushed to the place of occurrence of the crime immediately after the incident took place. They found 3 victims, one lying dead, another lying unconscious and the third victim who was the mother of the deceased who was also injured. The Injured and other witnesses told them about the entire incident in detail. 
  • It was held that the evidence given by these two witnesses held a corroboratory value to the evidence produced by the prosecution and also corroborated with the allegations made in the FIR and hence it was covered under the doctrine of res gestae.