Supreme Court · 2009 INSC 963 · Decided 29 July 2009
Kamalavva & ANR. v. State of Karnataka
- Court
- Supreme Court of India
- Citation
- 2009 INSC 963 · [2009] 11 S.C.R. 498
- Case number
- CRIMINAL APPEAL No. 1136/2002
- Decided
- 29 July 2009
- Bench
- DALVEER BHANDARI, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 498A, 34
Headnote
Penal Code, 1860: s.302 r.w. s.34 - Conviction under, c challenged on the ground of delay in lodging FIR and absence of certificate of doctor to the effect that deceased was in fit condition to make the dying declaration - On facts, Held: Delay in lodging FIR was explained by prosecution - Dying magistrate in the presence of D doctor - Magistrate deposed that while making statement, deceased was conscious and in fit condition to make such a statement - No reason to interfere with the order of conviction. • Prosecution case was that the deceased was E tortured by her mother in law and
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