Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 |
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(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure, 1973 – s.161 – Statement ofinjured under, if can be treated as dying declaration after death –Brother of PW-1, informant attacked by the appellant-accused andlater died in hospital – Appellant convicted u/s.304 Part II, IPC –Plea of appellant that the statement of the injured-deceased recordedu/s.161 cannot be treated as dying declaration since his deathoccurred after more than three months – Held: s.32 of the 1872 Actdeals with cases in which statement of relevant fact by person whois dead or cannot be found etc. is relevant – Statement recorded bypolice u/s.161, CrPC falling within the provisions of Clause(1) ofs.32, 1872 Act is relevant and admissible – Trial Court rightly heldthat the statement of the injured-deceased was admissible u/s.32,1872 Act because it was regarding his cause of death and how hewas injured – Further, the statement made by the injured-deceasedfound corroboration from the injuries on his body and the sequencesof the events as claimed by the prosecution – No error in the judgmentof the trial court as well as of the High Court in relying on thestatement of the injured-deceased recorded by the IO – EvidenceAct, 1872 – s.32 – Penal Code, 1860 – s.304, Part II. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2018 INSC 950 |
Petitioner | Pradeep Bisoi @ Ranjit Bisoi |
Respondent | The State Of Odisha |
SCR | [2018] 12 S.C.R. 947 |
Judgement Date | 2018-10-10 |
Case Number | 1192 |
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