Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | EVIDENCE: Dying declaration - Evidentiary value |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | EVIDENCE: Dying declaration - Evidentiary value of -- Trial of accused for offences punishable u/ss. 302, r/w s. 149 and s. 148 IPC - Witnesses turned hostile - Prosecution case based on dying declaration - Acquittal by trial court - Conviction by High Court - Held: If the dying declaration is recorded not directly from the actual words of the maker but as dictated by somebody else, this by itself creates suspicion about credibility of such statement and prosecution has to clear the. same to the satisfaction of court - In the instant case, dying declaration was not recorded in actual words of victim, but was recorded by witness on the dictation of PSI - Further, there was overwriting on the time of recording of statement as also insertion of two names in different ink - On facts, trial court rightly did not consider it safe to rely upon dying declaration and rightly acquitted the accused - High Court without considering the principles of dealing with an appeal against acquittal erred in upsetting the judgment of acquittal - Judgment of High Court set aside -Penal Code, 1860 -- ss. 302, r/w s. 149 and s. 148 IPC. APPEAL:Appeal against acquittal - Principles of hearing an appeal against acquittal - Culled out . |
Judge | Honble Mr. Justice R. M. Lodha |
Neutral Citation | 2014 INSC 261 |
Petitioner | Muralidhar @ Gidda & Anr. |
Respondent | State Of Karnataka |
SCR | [2014] 4 S.C.R. 817 |
Judgement Date | 2014-04-09 |
Case Number | 551 |
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