Supreme Court · 1999 INSC 6 · Decided 12 January 1999

Paras Yadav and ORS. v. State of Bihar

Court
Supreme Court of India
Citation
1999 INSC 6 · [1999] 1 S.C.R. 55
Case number
CRIMINAL APPEAL No. 276/1997
Decided
12 January 1999
Bench
G.B. PATTANAIK, M.B. SHAH (2-judge bench)
Outcome
Case Partly allowed
Case type
Criminal
Acts & sections cited
IPC Section 302, 34; Evidence Act Section 32

Headnote

B Oiminal Law : Evidence Act, 1872 : Section 32. Dying declaration-Statement of deceased--Recorded in a routine C manner by Sub-Inspector of Police and not as a dying declaration-After death of deceased statement treated as dying declaratiol!-Deceased was in a fit state of health to make or wiwoTthy of credence-In the circumstances of the case, lapse on the palt of D the Investigating Officer should not be taken in favour· of the ac­ cused-Prosecution evidence is required to be examined de hors such omis­ sions to find out whether the said evidence is reliable

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