Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860- s.304 Part II r/ww s.34 Exception 4 to - 1 s.300 and s.302 r/w s.34 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Evidence Act, 1872 (1 of 1872) Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860- s.304 Part II r/w s.34, Exception 4 to s.300 and s.302 r/w s.34 - Culpable homicide not amounting to murder- Assault on deceased with 'lathis' resulting in head injuries - Deceased taken to police station by his father - Report registered on dictation of deceased - Subsequently he died - Conviction by Trial Court .under s.302 r/w s.34 - Conviction altered to s.304 Part II r/w s.34 by High Court - Correctness of - Held: Correct - Facts of the case disclose that there was no pre-meditation and no intention on part of accused to cause death of deceased - FIR mentioned names of accused and important features of the event which was corroborated by testimony of eye-witnesses and medical evidence - Deceased was in position to speak and in fit state of mind when he dictated FIR -Also, FIR was read over to him after which he put his thumb impression on same - Hence, FIR fully satisfied all ingredients for admissibility as dying declaration - Conviction rightly altered by High Court- Maxim 'Nemo Moriturus Praesumitur Mentire'. Code of Criminal Procedure, 1973 - ss. 385 & 386 - Criminal appeal -Non-appearance of accused or his counsel - High Court taking assistance of Government counsel and deciding appeal on merits - Propriety of - Held, proper. Evidence - Testimony of relatives - Held: Cannot be discarded only on the ground that they were related to deceased, in absence of any infirmity in their evidence. |
Judge | Hon'ble Mr. Justice Tarun Chatterjee |
Neutral Citation | 2008 INSC 11 |
Petitioner | Dharam Pal And Ors. |
Respondent | State Of U.p. |
SCR | [2008] 1 S.C.R. 65 |
Judgement Date | 2008-01-04 |
Case Number | 884 |
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