Supreme Court · 1980 INSC 7 · Decided 17 January 1980
Kusa & ORS. v. State of Orissa
- Court
- Supreme Court of India
- Citation
- 1980 INSC 7 · [1980] 2 S.C.R. 801
- Case number
- CRIMINAL APPEAL No. 53/1974
- Decided
- 17 January 1980
- Bench
- S. MURTAZA FAZAL ALI, A.D. KOSHAL (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 149; Evidence Act Section 32(1)
Headnote
Supretne Cofltt (Enlargc1nent of Criminal Appellate Juri.1dic!ion) Act 1970, S. 2(a)-Scope. Indian Evidence Act 1872, S. 32(1). JJyi111: declaration-Evidentiary value of-Eye~witnesses account ittco-11siste11t C 'tt.ith dying declaration-Dying declaration if could be relied upon. Dying to answer the last question of doctor-Whether invalidates the dying declaration. Dying declaration-Deceased naming some other persons than accused-Such persons not challaned-Validity of dying declaration. D The appellants along with other accused persons were tried und~r section 302/149
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