Supreme Court · 2007 INSC 517 · Decided 3 May 2007
Dayal Singh v. State of Maharashtra
- Court
- Supreme Court of India
- Citation
- 2007 INSC 517 · [2007] 5 S.C.R. 1173
- Case number
- CRIMINAL APPEAL No. 244/2006
- Decided
- 3 May 2007
- Bench
- G.P. MATHUR, A.K. MATHUR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 498A, 302; CrPC Section 161, 207; Evidence Act Section 161, 32; Constitution Article 136
Headnote
Constitution of India-Article I 36-Penal Code, I 860-Sections 498A & · 302-Criminal Procedure Code, 1973-Section 161-Evidence Act, A B I 872-Section 32-Accused charged for cruelty and murder of his wife on C the basis of her dying declaration recorded by a Police Head Constable­ and sentence-Correctness of-Authenticity of Dying declaration-Held, Section 32 of the Evidence Act does not require that a dying declaration must be recorded by a Magistrate before treating it as evidence-On evidence on record, there is no reason D to discard the dying declaration-Hence, the
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