Supreme Court · 2009 INSC 418 · Decided 27 March 2009
Gopal v. State of M.P.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 418 · [2009] 4 S.C.R. 1213
- Case number
- CRIMINAL APPEAL No. 564/2009
- Decided
- 27 March 2009
- Bench
- ARIJIT PASAYAT, A.K. GANGULY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302134, 302, 34; Evidence Act
Headnote
A B Penal Code, 1860 - s. 302134 - prosecution under- Two dying declarations made - Conviction by courts below - On appeal, held: Later dying declaration is not in conformity with C FIR and earlier dying declaration - Nature of inconsistency is material - Therefore, accused acquitted. Evidence Reliance on - Criteria for- Discussed. o Appellant-accused (A 1) was prosecuted along with co-accused (A2) for offence punishable u/s 302 IPC and in the alternative u/s 302/34 IPC. Trial court convicted them u/s 302/34 IPC. Conviction was confirmed by High Court, rejecting the plea of
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