Sanjay Pandey & Anr vs The State Of West Bengal & Anr on 2 December, 2019
4. State of Orissa Vs. Bhagaban Barik reported in (1987) 2 Supreme Court
Cases 498,
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State Of Orissa vs Bhagaban Barik on 2 April, 1987
National Highways Authority Of India ... vs China Coal Construction Group Corpn. on 23 January, 2006
In support of his submissions, he sought support from two decisions of the Supreme Court; one reported as State of Orissa Vs. Bhagaban Barik, ; and the other in the case of Executive Officer, Arthanareswarar Temple R.Sathyamoorthy and others, .
Sanjeev Nanda vs The State on 12 May, 2009
216. Also, the other cases of Sarabjeet Singh & Ors. Vs. State of
U.P. - 1984 SCC (Cri) 151 relied upon by the counsel pertaining to
Crl. No. 807/2008 Page 179 of 274
the issue of whether the act of lifting and throwing of an infant with
force on a cultivated ground causing death after few hours would be
covered under Ss. 302 or 304 II or 304-A IPC; the issue in State of
Orissa vs. Bhagban Barik - 1987 CAR 209 (Sc) in relation to a
lathi blow; issue in Kurban Hassein Mohammedalli Rangawalla
vs. State of Maharashtra - Air 1966 SC 1616 in relation to fire
breaking out in factory; issue in Radha Kishan vs. State of
Haryana - 1987 CAR 349 (SC) in relation to gun shot by a
drunkard on another drunkard; the issue in Maragatham @
Lakshmi - (1962) 2 MLJ 286 in relation to the death of an infant
when her parents attempted to commit suicide by jumping in a well
with the deceased child due to their inability to bear with their
perpetual penury are cases which can be of no help to the
prosecution as the facts of the those cases are entirely different from
the facts of the case at hand.
Sanjeev Nanda vs The State on 20 July, 2009
216. Also, the other cases of Sarabjeet Singh & Ors. Vs. State of
U.P. - 1984 SCC (Cri) 151 relied upon by the counsel pertaining to
Crl. No. 807/2008 Page 179 of 274
the issue of whether the act of lifting and throwing of an infant with
force on a cultivated ground causing death after few hours would be
covered under Ss. 302 or 304 II or 304-A IPC; the issue in State of
Orissa vs. Bhagban Barik - 1987 CAR 209 (Sc) in relation to a
lathi blow; issue in Kurban Hassein Mohammedalli Rangawalla
vs. State of Maharashtra - Air 1966 SC 1616 in relation to fire
breaking out in factory; issue in Radha Kishan vs. State of
Haryana - 1987 CAR 349 (SC) in relation to gun shot by a
drunkard on another drunkard; the issue in Maragatham @
Lakshmi - (1962) 2 MLJ 286 in relation to the death of an infant
when her parents attempted to commit suicide by jumping in a well
with the deceased child due to their inability to bear with their
perpetual penury are cases which can be of no help to the
prosecution as the facts of the those cases are entirely different from
the facts of the case at hand.
Gopal Ansal vs State (Through Central Bureau Of ... on 19 December, 2008
Their failure on that score is also an act of rashness and negligence.
9.87 In another preceding part of this judgment the Court has held that these accused could
not have banked upon the certificates and approvals issued periodically by the statutory
authorities as they could not be taken in face value. The inspections, by the licensing
department and the fire authorities as also the electrical inspector, completely glossed over
the inherent danger which the patrons were exposed to on account of various factors.
Therefore, in keeping with the decision in Raj Kapur's case (supra) and Barik's case (supra)
those certificates are of no use to the appellants, in their submission that Section 79 intercedes
to their benefit. Their acts of blocking the right side balcony exit, blocking the right side
Crl. A. Nos.794,846,830/2007,
Crl.A. 4,9,21,33,45,46,56,66,/2008 & Crl. R.17/2008 Page 468
gangway and the decrease in the number of gangways in the placing additional seats, all
cannot be termed as acts of good faith.
Cb I vs . 1 Raman Kumar S/O Radhey Lal, on 7 June, 2011
267 Hon'ble Supreme Court with regard to good faith in
State of Orissa Vs. Bhagaban Barik, AIR 1987 Supreme Court 1265
has held as follows:
Aslam vs State N.C.T. Of Delhi on 6 March, 2018
In support of his submission, he relied on
the decisions in Jagrup Singh v. State of Haryana (1981) 3 SCC 616,
Ashok Bind v. The State (Govt. of NCT of Delhi) 2017 (3) JCC 1602, State
of Orissa v. Bhagaban Barik (1987) 2 SCC 498, Surain Singh v. State of
Punjab AIR 2017 SC 1904 and Chhotu v. State of Haryana 2009 (14)
SCALE 136.
Indrasan vs State Of U.P on 6 July, 2009
In Bhagaban Barik case (supra), there was an appeal before this
Court as against the order of acquittal. In that case one blow was given by
the accused with a lathi on the apprehension that the deceased was a thief.
Sachu John vs State Of Kerala on 4 December, 2012
Under this section, although an act may not be
justified by law, yet if it is done under a mistake of fact, in
the belief in good faith that it is justified by law it will not
be an offence. Such cases are not uncommon where the
courts in the facts and circumstances of the particular case
have exonerated the accused under Section 79 on the
ground of his having acted in good faith under the belief,
owing to a mistake of fact that he was justified in doing the
act which constituted an offence. As laid down in Section
52 of the Indian Penal Code, nothing is said to be done or
believed in good faith which is done or believed without
due care and attention. The question of good faith must be
considered with reference to the position of the accused and
the circumstances under which he acted. 'Good faith'
requires not logical infallibility but due care and attention.
Pooranlal vs The State Of Madhya Pradesh on 25 October, 2017
In
this view of the matter, R-1 Pooranlal and R-2
Gayaprasad deserved to be convicted for
commission of offence of culpable homicide not
amounting to murder and punishable under Secton
304 Part II of the IPC: See AIR 1987 SC 1265 (State
of Orissa vs. Bhagwan Barik) and AIR 2000 SC 1374
(Camila Vaz vs. State of Goa.)
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