Supreme Court · 2007 INSC 716 · Decided 21 June 2007
Shaikah Bakshu and ORS. v. State of Maharashtra
- Court
- Supreme Court of India
- Citation
- 2007 INSC 716 · [2007] 7 S.C.R. 1130
- Case number
- CRIMINAL APPEAL No. 833/2007
- Decided
- 21 June 2007
- Bench
- ARIJIT PASAYAT, D.K. JAIN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302134, 34; Evidence Act Section 32
Headnote
Evidence Act,1872: s.32-Dying declaration- In a case under s. 302134 !PC two dying C declaration were recorded within a span of less than one and half an hour­ The time of recording first one is even before intimation of the crime had reached the Police Station- Facts regarding place of to record-Copy of letter stated to have been written to Naib Tehsildar for D recording second dying declaration not produced-No mention in dying declaration that it was read over to victim-Held: Jn view of the infirmities, accusations of prosecution have not been established-Conviction recorded
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