Supreme Court · 2014 INSC 261 · Decided 9 April 2014
Muralidhar @ Gidda & ANR. v. State of Karnataka
- Court
- Supreme Court of India
- Citation
- 2014 INSC 261 · [2014] 4 S.C.R. 817
- Case number
- CRIMINAL APPEAL No. 551/2011
- Decided
- 9 April 2014
- Bench
- RAJENDRA MAL LODHA, SHIVA KIRTI SINGH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 148
Headnote
EVIDENCE: A B Dying declaration - Evidentiary value of -- Trial of c accused for offences punishable u/ss. 302, rlw s. 149 and s. 148 /PC - Witnesses turned hostile - Prosecution case based on dying declaration - Acquittal by trial court - Conviction by High Court - Held: If the dying declaration actual words of the maker. but as dictated by 0 somebody else, this by itself creates suspicion about credibility of such statement and prosecution has to clear the. same to the satisfaction of court - In the instant case, dying declaration was not recorded in actual words of victim, but was
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