Supreme Court · 2013 INSC 10 · Decided 7 January 2013
Parbin Ali and Another v. State of Assam
- Court
- Supreme Court of India
- Citation
- 2013 INSC 10 · [2013] 1 S.C.R. 154
- Case number
- CRIMINAL APPEAL No. 1037/2008
- Decided
- 7 January 2013
- Bench
- K.S. RADHAKRISHNAN, DIPAK MISRA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 34
Headnote
Penal Code, 1860: c s. 302134 - Murder - Oral dying declaration made to witnesses naming the accused - Conviction and sentence of life imprisonment affirmed by High Court - Held: Conviction can be founded solely on the basics of dying declaration if the same inspires full confidence - In the in a categorical manner that the deceased was in a fit state of health to speak and make a statement and, in fact, he did make a statement as to who assaulted him - Nothing has been suggested to these witnesses about the condition of the deceased - The doctor, E who had performed the post
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