Supreme Court · 2001 INSC 523 · Decided 18 October 2001

Patel Hiralal Joitaram v. State of Gujarat

Court
Supreme Court of India
Citation
2001 INSC 523 · [2001] SUPP. 4 S.C.R. 378
Case number
CRIMINAL APPEAL No. 427/1999
Decided
18 October 2001
Bench
K.T. THOMAS, S.N. VARIAVA (2-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
IPC Section 299; Evidence Act Section 32, 32(1)

Headnote

Evidence Act, 1872 : . Section 32( 1 )-Dying declaration-Statement ,by a person-As to. any of the circumstances of the transaction which resulted in his death-Admissibility of-Held: The word "circumstances" is very wide in amplitut:f:e-Anything . which has nexus with a person's death, to include the state­ ment of a dead person and not how io exclude it. D Penal Code, 1860: Section 299-Culpable homicide-Victim died of bum injuries only after afortnight-"2ndly" clause of S.300-Applicability of-Held: Mere interval of' fourteen days does not attract "2ndly"

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