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1999 Supreme(SC) 646

K.T.THOMAS, D.P.MOHAPATRA
State Of Haryana – Appellant
Versus
Bhagirath – Respondent


Judgment

Thomas, J.-Every father is the best protector of his own children-that is the order of human nature. But there had been freaks in the history of mankind when father became killer of his own child. This case tells the story of such a freak when Subhram-the 33 year old son of Bhagirath was butchered by cutting the throat. As Subhram was congenitally blind perhaps the only solace in the eerie episode seems to be that the victim would not have had any idea of the physiognomy of his murderers. Bhagirath and his two nephews (Hanuman and Kheta) were convicted by the Sessions Court under Section 302 read with Section 34 of the Indian Penal Code and the three were sentenced to imprisonment for life. But the High Court, on appeal by the three accused, acquitted Bhagirath and confirmed the conviction and sentence of his two nephews. State of Haryana has filed this appeal by special leave against the acquittal of Bhagirath.

2. Backdrop of the prosecution story is the following:

Bhagirath and his wife Jamna have a son Subhram and a daughter (Naraini). Subhram though was born blind, was healthy and active and remained a bachelor. Naraini was given in marriage to a pedagogue in Rajasthan (

























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Judicial Analysis

[No cases explicitly identified as overruled, reversed, or explicitly treated as bad law are evident in the provided list.]

The list contains numerous references to the case "State of Haryana v. Bhagirath (1999) 5 SCC 96," which is frequently cited as a foundational or guiding precedent, especially regarding the benefit of doubt in criminal cases and the treatment of medical vs ocular evidence.

Several entries mention that the "benefit of doubt was given to Bhagirath 'as a matter of abundant caution,'" indicating that subsequent courts have continued to follow or rely on this case rather than overrule it.

There are no clear indications in the provided text that any case has been explicitly overruled, reversed, or criticized as bad law.

The repeated references to Bhagirath suggest it remains a valid and authoritative precedent rather than being discredited or overruled.

[Followed]

Many entries, such as those referencing "State of Haryana v. Bhagirath (1999) 5 SCC 96," and subsequent citations like "(2011) 7 SCC 130," indicate that courts have followed or relied upon this case for principles related to benefit of doubt, medical evidence, and judicial caution.

The case "State of Haryana v. Bhagirath" appears to be a cornerstone authority that has been consistently followed in subsequent rulings, as evidenced by multiple references to it across different years and contexts.

[Consistently Cited for Specific Principles]

Several references mention that courts have adhered to the principles laid down in Bhagirath regarding the benefit of doubt, medical evidence, and judicial caution, such as:

"The benefit of doubt was given to Bhagirath 'as a matter of abundant caution'" (multiple instances).

"In State of Haryana v. Bhagirath (1999) 5 SCC 96, it was held..."

"Drawing on Bhagirath case, this Court has held that..."

These references suggest a treatment pattern of adherence and reliance, indicating the case's ongoing judicial authority.

[Uncertain or Ambiguous Treatment]

Some references to other cases, such as "State of Rajasthan, (1993) Supp3 SCC 18" or "State of U.P. v. Krishna Gopal," are made in conjunction with Bhagirath but without explicit treatment statements.

The repeated mention of the phrase "benefit of doubt was given to Bhagirath 'as a matter of abundant caution'" suggests consistent follow-up, but without explicit statements that these later cases have overruled or criticized Bhagirath, the treatment remains one of reliance rather than overrule or rejection.

Cases where treatment is ambiguous include those that simply cite Bhagirath without further comment, e.g., "State of Haryana v. Bhagirath (1999) 5 SCC 96" with no additional context, leaving the treatment unclear.

References to other cases like "State of Rajasthan, (1993) Supp3 SCC 18" or "State of U.P. v. Krishna Gopal" are often in lists or citations without explicit treatment language, making it unclear whether they follow, distinguish, or criticize Bhagirath.

Some entries mention that courts have "altered conviction" or "held" certain principles, but without explicit mention of overruling or reversing Bhagirath, the treatment remains uncertain.

**Source :** PALANI VS STATE OF TAMIL NADU - Supreme Court Vijay Pal VS State (GNCT) of Delhi - Crimes Gangabhavani VS Rayapati Venkat Reddy - Crimes Vijay Pal VS State (GNCT) of Delhi - Supreme Court Gangabhavani VS Rayapati Venkat Reddy - Supreme Court Ramesh son of Pandhari Alone & others VS State of Maharashtra - Bombay Abdul Sayeed VS State of Madhya Pradesh - Crimes Kana@ Kanhaiyalal VS State of Madhya Pradesh - Madhya Pradesh Abdul Sayeed VS State of Madhya Pradesh - Supreme Court KUNAL KUMAR VS UNION OF INDIA - Delhi TANIKONDA PETURU, RAJAHMUNDRY VS P. P. , HYD - Andhra Pradesh STATE OF KARNATAKA VS SUVARNNAMMA - Supreme Court Ahamed Ali VS State by Inspector of Police, Chennai - Madras Bastiram VS State of Rajasthan - Crimes Karia Khan @ Perwez Khan, son of Khalil Khan VS State of Jharkhand - Jharkhand [Ram Kishun

VS State of Uttar Pradesh

](https://supremetoday.ai/doc/judgement/02500041729) - Allahabad Bastiram VS State of Rajasthan - Supreme Court RAM KISHUN VS STATE OF UTTAR PRADESH - Allahabad Tiru Birhor, S/o Kastu Birhor VS State Jharkhand - Jharkhand Kishan Chand VS State of Himachal Pradesh - Crimes Kishan Chand VS State of Himachal Pradesh - Himachal Pradesh Badam Singh son of Late Sokhi Lal VS State Jharkhand - Jharkhand Bishu VS State of Tripura - Madras Amit Sharma VS State of Uttar Pradesh - Allahabad Bishu VS State of Tripura - Tripura Mofikul Islam @ Mofiqul Islam VS State Of West Bengal - Calcutta Areshanapalli Kesavulu @ Kesava Rao VS State of A. P. - Andhra Pradesh CHANDRA S/O. DASANNA vs STATE OF KARNATAKA - Karnataka Kishor S/o Parasram Kosre VS State of Maharashtra - Bombay Bablu Chandra Dey @ Babul VS State Of West Bengal - Calcutta YOGESH SINGH VS MAHABEER SINGH - Supreme Court Vijaya VS State Rep By The Inspector of Police - Supreme Court Santosh Singh VS State of M. P. - Madhya Pradesh Anjani Shukla (Pandey) VS State of U. P. - Allahabad CHANDRA S/O. DASANNA vs STATE OF KARNATAKA - Karnataka Vivekanand Singh @ Viveka Pahalwan VS State of Bihar - Patna Karu Mian, son of late Bandhan Mian vs State of Bihar (Now Jharkhand) - Jharkhand Latif Nadaf, son of Late Badde Nadaf vs State of Bihar - Jharkhand State (Govt of Nct Of Delhi) VS Shankar Kamat - Delhi Ashok Mahto, son of Atbari Mahto vs Rajendra Mahto, son of Raghunath Mahto - Jharkhand Jitender Sharma VS State (Nct. of Delhi) - Delhi State of M. P. VS Vedri - Madhya Pradesh Gholtu Yadav vs State of Bihar - Jharkhand Labanya Das, S/o. Sri Haricharan Das vs State Of Assam, Represented By Its Chief Secy. - Gauhati Kana @ Kanhaiyalal S/O Shri Sukhlal Chouhan VS State Of Madhya Pradesh - Madhya Pradesh Sayed Darain Ahsan @ Darain VS State of West Bengal - Crimes State of Madhya Pradesh VS Vedri - Crimes BHUPINDER SINGH VS STATE OF H. P. - Himachal Pradesh Kadir VS State - Allahabad M. Krishnan VS State through the Inspector of Police, Sivagangai - Madras Niwas VS State of Maharashtra - Bombay BHARAT SINGH VS STATE OF U. P. - Allahabad Sayed Darain Ahsan @ Darain VS State of West Bengal - Supreme Court Niwas VS State of Maharashtra - Bombay Bhalchandra Lakshmishankar Dave VS State of Gujarat - Gujarat Guput Singh @ Gupteshwar Prasad Singh VS State of Jharkhand - Crimes Junu Soy S/o Late Samu Soy vs State of Bihar (Now Jharkhand) - Jharkhand Ram Ji VS State of Uttar Pradesh - Allahabad State VS Swatantara Bharat - Delhi Guput Singh @ Gupteshwar Prasad Singh vs State of Jharkhand - Jharkhand Thandu Mia VS State of Assam - Gauhati Islahuddin, son of Israr Alam VS State of U. P. - Allahabad Om Prakash Dubey S/o Late Bhagwati Saran Dubey VS State of Bihar - Patna Goverdhan VS State Of Chhattisgarh - Supreme Court Jabbar Ansari, son of Manjoor Ansari vs State of Bihar - Jharkhand Ram Kumar Kalyan VS State of Haryana - Punjab and Haryana Vahitha VS State of Tamil Nadu - Supreme Court RAEESUDDIN VS STATE - Allahabad Ganesh Ram, son of late Sukhlal Ram vs State of Bihar (now Jharkhand) - Jharkhand Ramesh Singh VS State of U. P. - Allahabad Ravi Kumar VS State - Delhi State Govt. of NCT of Delhi VS Khursheed - Delhi Sadhu Singh VS State of U. P. - Allahabad Guput Singh @ Gupteshwar Prasad Singh, S/o Late Ram Badan Singh Vs The State Of Jharkhand - Jharkhand Kunwar Lakra vs State of Jharkhand - Jharkhand Babubhai Ishwarlal Patel VS Pachchim Gujarat Vij Co. Ltd. - Gujarat Veerendra VS State Of Madhya Pradesh - Supreme Court Mangala Mishra @ Dawa Tamang @ Jack VS State of Sikkim - Crimes Mangala Mishra @ Dawa Tamang @ Jack VS State of Sikkim - Crimes Mangala Mishra @ Dawa Tamang @ Jack VS State of Sikkim - Sikkim State Represented by the Inspector of Police, Chennai VS V. P. Pandi @ Attack Pandi - Madras State of Karnataka VS Suvarnamma - Crimes Mukesh Tiwari VS State of U. P. - Allahabad State VS Mohd Faizan - Delhi Ramgopal Sikdar VS State of West Bengal - Calcutta Ram Naresh VS State of Uttar Pradesh - Allahabad Keshav Singh @ Kesho VS State of U. P. - Allahabad State of U. P. VS Krishna Murari alias Murli - Allahabad THONGAM TARUN SINGH VS STATE OF MANIPUR - Manipur Surjey Bhujel VS State of West Bengal - Calcutta Sanni Tharwani S/o Raj Kumar Tharwani VS State Of Chhattisgarh Through The Police Station - Chhattisgarh Sakshi Sharma, Rajesh Sharma, Blind And Disabled Husband Of Sakshi Through Sakshi Sharma And Hanu Sharma, Minor, Through Sakshi Sharma VS State Of Himachal Pradesh - Himachal Pradesh State of Maharashtra VS Ajay Alias Rameshwar Raghuram - Bombay Jagdish VS State of U. P. - Allahabad Hardam Singh VS State Of Punjab - Punjab and Haryana Kulwinder VS State (NCT of Delhi) - Delhi SUSHIL ARORA VS STATE - Delhi Sukhdev Yadav VS State - Delhi State of Gujarat VS Bilal Ismail Abdul Majid Sujela @ Bilal Haji - Gujarat Shivaji Sahabrao Bobade VS State Of Maharashtra - Supreme Court Municipal Corporation Of Delhi VS Ram Kishan Rohtagt - Supreme Court

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