Supreme Court · 2009 INSC 335 · Decided 6 March 2009
Rakesh Kumar v. State of Haryana
- Court
- Supreme Court of India
- Citation
- 2009 INSC 335 · [2009] 3 S.C.R. 1190
- Case number
- CRIMINAL APPEAL No. 446/2009
- Decided
- 6 March 2009
- Bench
- ARIJIT PASAYAT, A.K. GANGULY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 304; CrPC Section 319
Headnote
Penal Code, 1860 - ss. 304-8 and 498-A - Conviction c by Courts below - On the basis of evidence of complainant and letters written by the deceased - Held : Conviction was in disregard of dying declaration recorded by Executive Magistrate, and on the basis of letters which were conclusively deceased - Therefore, not D sustainable. Appellant-accused was convicted ulss. 304-8 and 498-A IPC by trial court alongwith co-accused. High Court affirmed his conviction, while setting aside those of the E co-accused. It observed that investigation was lethargic and an attempt was made to screen
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