Supreme Court · 2008 INSC 1469 · Decided 18 December 2008
Samadhan Dhudaka Koli v. State of Maharashtra
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1469 · [2008] 17 S.C.R. 1025
- Case number
- CRIMINAL APPEAL No. 637/2006
- Decided
- 18 December 2008
- Bench
- S.B. SINHA, CYRIAC JOSEPH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302
Headnote
Evidence: Dying declaration - Bum injuries resulting in ·4 death of wife - Third dying declaration attributed role of husband in the incident - In first dying declaration, incident c .. stated to be accidental - Second dying declaration recorded by Magistrate not put on record by to bring second dying declaration on record rejected by courts below - Acquittal of parents-in-law - Conviction of husband-appellant under s.302 /PC - Challenged·- Held: D Dying declaration before judicial magistrate has higher ',,} evidentiary value - Prosecution did not explain why
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