Supreme Court · 2014 INSC 891 · Decided 18 December 2014
Banarsi Dass and Others v. State of Haryana
- Court
- Supreme Court of India
- Citation
- 2014 INSC 891 · [2014] 11 S.C.R. 341
- Case number
- CRIMINAL APPEAL No. 534/2012
- Decided
- 18 December 2014
- Bench
- KURIAN JOSEPH, ABHAY MANOHAR SAPRE (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 3048, 498A; Evidence Act Section 32(1)
Headnote
Penal Code, 1860 - ss. 3048 and 498A rlw. s. 34 - Prosecution under - Of five accused - Trial court acquitted c all the accused u/s. 3048 and convicted them u/s. 498A - High Court relying on the Dying Declaration convicted them also uls. 3048 - On appeal, held: In the facts and circumstances of of the deceased did not meet the requirements of dying declaration - The D ingredients of s. 3048 are also not made out against the accused in the facts of the case - Case u/s. 498A is made out against all the accused except accused No. 4 - Therefore, all the accused are acquitted u/s. 3048
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