Supreme Court · 2010 INSC 489 · Decided 9 August 2010
Lakhan v. State of M.P.
- Court
- Supreme Court of India
- Citation
- 2010 INSC 489 · [2010] 9 S.C.R. 705
- Case number
- CRIMINAL APPEAL No. 2297/2009
- Decided
- 9 August 2010
- Bench
- P. SATHASIVAM, B.S. CHAUHAN (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302; Evidence Act Section 32, 60
Headnote
Evidence Act, 1872: A B s. 32 - Dying declaration, recorded by magistrate/police c officer - Evidentiary value of - Held: Dying declaration recorded by magistrate stands on a higher footing than the declaration recorded by officer of lower rank provided that there is no circumstance giving rise to case, first dying declaration 0 recorded by magistrate wherein deceased stated that she got . burnt accidently not supported by medical evidence - The second declaration recorded by police two days later stood corroborated not only by the medical evidence but also by oral dying oral
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