Supreme Court · 2009 INSC 167 · Decided 12 February 2009
S.P. Devaraju v. State of Karnataka
- Court
- Supreme Court of India
- Citation
- 2009 INSC 167 · [2009] 2 S.C.R. 308
- Case number
- CRIMINAL APPEAL No. 180/2002
- Decided
- 12 February 2009
- Bench
- ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC; Evidence Act Section 32
Headnote
308 A S.P. DEVARAJU ~ .... v. STATE OF KARNATAKA Criminal Appeal No.180 of 2002 B FEBRUARY 12, 2009 [DR. ARIJIT PASAYAT AND DR. MUKUNDAKAM SHARMA1 JJ.] Penal Code, 1860 : Jo, c s.304, Part JI - Death caused due to assault by knife - High Court set aside acquittal of accused-appellant as and referred to a part of the incident as described by PW1 - D Even otherwise it clearly implicated the appellant - There was no discussion by trial court to discard the dying declaration - )" .. Trial court a/so did not discuss evidence relating to recovery of the weapon of assault -
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