Supreme Court · 2018 INSC 950 · Decided 10 October 2018
Pradeep Bisoi @ Ranjit Bisoi v. The State of Odisha
- Court
- Supreme Court of India
- Citation
- 2018 INSC 950 · [2018] 12 S.C.R. 947
- Case number
- CRIMINAL APPEAL No. 1192/2018
- Decided
- 10 October 2018
- Bench
- A.K. SIKRI, ASHOK BHUSHAN (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 304; CrPC Section 161, 162; Evidence Act Section 32
Headnote
Code of Criminal Procedure, 1973 - s.161 - Statement of injured under, if can be treated as dying declaration after death - Brother of PW-1, informant attacked by the appellant-accused and later died in hospital - Appellant convicted u/s.304 Part II, IPC - Plea of u/s.161 cannot be treated as dying declaration since his death occurred after more than three months - Held: s.32 of the 1872 Act deals with cases in which statement of relevant fact by person who is dead or cannot be found etc. is relevant - Statement recorded by police u/s.161,
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