Supreme Court · 1982 INSC 98 · Decided 15 December 1982
Maqsoodan & Others v. State of Uttar Pradesh [and Vice-Versa]
- Court
- Supreme Court of India
- Citation
- 1982 INSC 98 · [1983] 2 S.C.R. 45
- Case number
- CRIMINAL APPEAL No. 175/1974
- Decided
- 15 December 1982
- Bench
- D.A. DESAI, BAHARUL ISLAM, V. BALAKRISHNA ERADI (3-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 34, 307; Evidence Act Section 32, 157
Headnote
P•!llll Codt-Commo• int,.tlon-How d•lerml•ed. Evid1nc1 .4ct-Dy/ng dtclaration-P1r1on making tht statement not d«Jd and deposed In Court-Statement If could be called dying declaratlo•-Such stattmtnl if admis1Jbl1 under section 32-Not quantum of evidence but quality was that, armed with deadly weapons, they waylaid and assaulted the deceased and three others accompanying him, and that someone among another group of 12 of thCir associates standing at some distance constantly incited the accused wich the words "kill, kill". The deceased received
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