Supreme Court · 2010 INSC 653 · Decided 28 September 2010
Brundaban Moharana & ANR. v. The State of Orissa
- Court
- Supreme Court of India
- Citation
- 2010 INSC 653 · [2010] 11 S.C.R. 812
- Case number
- CRIMINAL APPEAL No. 170/2006
- Decided
- 28 September 2010
- Bench
- H.S. BEDI, C.K. PRASAD (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302134, 498A, 307, 34, 302; CrPC Section 161; Evidence Act Section 32
Headnote
IND/AN PENAL CODE, 1860: s. 302134 - Death of a married woman by bum injuries - Conviction by trail court of in-laws of deceased on the basis of dying declarations - High Court though discarding one dying declaration, but affirming the convictiqn relying on the dying declaration which uls.161 CrPC ~ D Held: In a murder case, no presumption in favour of thd prosecution arises - The primary pieces of evidence against the accused are the two dying declarations, one made to PW- 8 which has been disbelieved by the High Court and the other to PW-9, the 1.0., which has been relied
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