Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | dying declaration |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 - s. 304 (Part II) - Prosecution formurder - Conviction u/s. ยท 302 by trial court and acquittaltherefrom by the High Court - On appeal, held: In view of thetwo dying declarations implicating the accused, and the samehaving been corroborated by the circumstantial evidenceregarding the recovery of articles and evidence of PWs 2, 3and 8; the prosecution case is proved - However, in absenceof proof regarding intention of the accused for causing death,the accused can be held guilty of culpable homicide notamounting to murder - His conviction altered to one u/s. 304(Part II) - His sentence, in the circumstances of the case,reduced to period already undergone i.e. six years with fineof Rs. 20001- - Evidence Act, 1872 - s. 32 - Dyingdeclaration. |
Judge | Hon'ble Mr. Justice A.K. Patnaik |
Neutral Citation | 2013 INSC 519 |
Petitioner | State Of Rajasthan |
Respondent | Santosh Savita |
SCR | [2013] 11 S.C.R. 765 |
Judgement Date | 2013-08-06 |
Case Number | 1303 |
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