Supreme Court · 2023 INSC 758 · Decided 23 August 2023
Irfan @ Naka v. The State of Uttar Pradesh
- Court
- Supreme Court of India
- Citation
- 2023 INSC 758 · [2023] 11 S.C.R. 789
- Case number
- CRIMINAL APPEAL No. 825/2022
- Decided
- 23 August 2023
- Bench
- BHUSHAN RAMKRISHNA GAVAI, J.B. PARDIWALA, PRASHANT KUMAR MISHRA (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302; Evidence Act Section 8
Headnote
HEADNOTES Issue for consideration: Whether the prosecution could be said to have proved its case beyond reasonable doubt against the appellant who was convicted for off ence punishable u/ss.302, 436 and 326-A, IPC and sentenced to death, for allegedly setting his son and his real brothers on fi dying declarations. Evidence - Dying declarations - Sole basis of conviction - When not justifi ed - Appellant had strained relationship with his son (victim- deceased) from his first marriage and his two brothers (victims- deceased), all of whom, as per the prosecution,
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