Supreme Court · 1999 INSC 391 · Decided 13 September 1999
Paparambaka Rosamma and ORS. v. State of Andhra Pradesh
- Court
- Supreme Court of India
- Citation
- 1999 INSC 391 · [1999] SUPP. 2 S.C.R. 328
- Case number
- CRIMINAL APPEAL No. 1175/1998
- Decided
- 13 September 1999
- Bench
- S.P. KURDUKAR, K.T. THOMAS, N. SANTOSH HEGDE (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 3021114, 498; Evidence Act Section 32
Headnote
Criminal Law: Evidence Act, 1872: Section 32. Dying declaration-Conviction based solely on-Deceased sustained 90 per cent burn injuries-Magistrate who recorded the dying declaration opined that deceased was in a fit state of mind-Doctor certified that deceased · was conscious while two distinct stages-Doctor's certificate must show that D not only the deceased is conscious but also in a fit state of mind to make the statement-Hence, Magistrate's opinion and doctor's certificate not in compliance with the requirement-Apart from these serious lacunas and some more
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)