Supreme Court · 2010 INSC 477 · Decided 4 August 2010
Mukeshbhai Gopalbhai Barot v. State of Gujarat
- Court
- Supreme Court of India
- Citation
- 2010 INSC 477 · [2010] 9 S.C.R. 632
- Case number
- CRIMINAL APPEAL No. 15/2010
- Decided
- 4 August 2010
- Bench
- H.S. BEDI, C.K. PRASAD (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302; CrPC Section 162, 161; Evidence Act Section 32
Headnote
' Penal Code, 1860: s. 302 and s. 3 (2) (v) of Attrocities Act - Death of a married Scheduled Caste woman by burn injuries - Three dying declarations recorded by Magistrate, the police official and the husband of the victim, respectively - Prosecution of D accused, an Advocate and family of the dying declaration recorded by husband of deceased - Acquittal by trial court - Conviction by High Court - HELD: High Court erred in holding that the first two dying declarations had no evidentiary value - A bare perusal of E sub-s.(2) of s.162 CrPC when read with s.32 of Evidence Act
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