Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: s.302 rlw s.34- Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860: s.302 rw s.34 — Prosecution case was that the victim-deceased was picked up by the appellants police officials and illegally confined in police post and was beaten severely to extract confession from him that he was involved in stealing of some properties and thereafter kerosene was poured on him and set on fire by appellants by throwing ignited matchstick — Dying declaration was recorded by magistrate in the presence of doctor— Conviction by courts below on the basis of dying declaration — Challenged on the ground that the identity of the deceased was not verified by the magistrate before recording dying declaration and thus dying declaration was not reliable -— On appeal, held: The dying declaration was recorded by the magistrate after doctor noted the condition of the patient and after ensuring that the patient was fully conscious and capable of making statement — There was no reason to disbelieve the version of the doctor and the magistrate — Further, dying declaration is not liable to be rejected on mere omission of getting thumb impression or signature of the deceased — No interference with the order of conviction. |
Judge | Hon'ble Mr. Justice Fakkir Mohamed Ibrahim Kalifulla |
Neutral Citation | 2015 INSC 932 |
Petitioner | Narender Kumar |
Respondent | State Of Nct Of Delhi |
SCR | [2015] 15 S.C.R. 179 |
Judgement Date | 2015-12-16 |
Case Number | 447 |
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