Supreme Court · 2004 INSC 696 · Decided 6 December 2004
Israr v. State of U.P.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 696 · [2004] SUPP. 6 S.C.R. 695
- Case number
- CRIMINAL APPEAL No. 1425/2004
- Decided
- 6 December 2004
- Bench
- ARIJIT PASAYAT, S.H. KAPADIA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 304, 34; Evidence Act Section 3, 34
Headnote
B Penal Code, 1860 : Section 304 read with section 34-Conviction under, on basis of testimony of witnesses-Order upheld by High Court-Justification , C of-Held: Evidence of witnesses being a close relative and consequently being a partisan witnesses cannot be discarded-Falsity of particular intention to cause death of deceased-Also light facilitate identification of accused and the dying D declaration does not suffer from any infirmity-Hence, conviction justified­ Evidence Act, 1872-Sections 3 and 34. Section 34-Application of-General principals-Discussed. Maxim : "Falsus in
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