Supreme Court · 2012 INSC 227 · Decided 10 May 2012
Salim Gulab Pathan v. State of Maharashtra Through Sho
- Court
- Supreme Court of India
- Citation
- 2012 INSC 227 · [2012] 5 S.C.R. 930
- Case number
- CRIMINAL APPEAL No. 1882/2010
- Decided
- 10 May 2012
- Bench
- SWATANTER KUMAR, RANJAN GOGOI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302; CrPC Section 313; Evidence Act Section 32
Headnote
Penal Code, 1860 - s. 302 - Murder of wife - By setting her on fire - Statement of deceased implicating the accused C - Before three witnesses PWs 1, 3 and 4 immediately after the incident and to police constable (PW6) in the hospital - Doctor certifying that deceased was in fit mental condition of discrepancies in the evidence of PW1 - Conviction by courts below - On appeal, held: D Conviction justified in view of the dying declaration anq the evidence of PWs 1, 3 and 4 - Dying declaration was admissible - Discrepancies in the evidence of PW 1 not material - Dying Declaration. Evidence
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