Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | s. 302/34 - Murder Penal Code 1860 |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860: s. 302/34 - Murder - Oral dying declaration made to witnesses naming the accused - Conviction and sentence of life imprisonment affirmed by High Court - Held: Conviction can be founded solely on the basics of dying declaration if the same inspires full confidence - In the instant case, the witnesses have deposed in a categorical manner that the deceased was in a fit state of health to speak and make a statement and, in fact, he did make a statement as to who assaulted him - Nothing has been suggested to these witnesses about the condition of the deceased - The doctor, who had performed the post mortem, has not been cross examined - Absence of any real discrepancy or material contradiction or omission and additionally no'n cross examination of the doctor in this regard makes the dying declaration absolutely credible and conviction based thereon cannot be faulted - Evidence - Dying Declaration. FIR: Delay in lodging the FIR - Held: In the instant case, "ezahar'' had been lodged at the police station prior to registration of the FIR - Trial court has analysed this aspect in an extremely careful and cautious manner which is found to be impeccable. |
Judge | N/A |
Neutral Citation | 2013 INSC 10 |
Petitioner | Parbin Ali And Another |
Respondent | State Of Assam |
SCR | [2013] 1 S.C.R. 154 |
Judgement Date | 2013-01-07 |
Case Number | 1037 |
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