Supreme Court · 2006 INSC 576 · Decided 1 September 2006
Sham Shankar Kankaria v. State of Maharashtra
- Court
- Supreme Court of India
- Citation
- 2006 INSC 576 · [2006] SUPP. 5 S.C.R. 709
- Case number
- CRIMINAL APPEAL No. 661/2005
- Decided
- 1 September 2006
- Bench
- ARIJIT PASAYAT, C.K. THAKKER (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 34, 302, 304, 325, 342; Evidence Act Section 32, 60
Headnote
B Penal Code, 1860-Sections 34, 302, 304, 325, and 342-Evidence Act, 1872-Sections 32 and 60-Bombay Police Act, 1951-Section 135- Dying declaration by deceased that he was assaulted by six accused-Trial C Court convicted the main accused under sections 304 Part II and 342 r/w 34 /PC and other the main accused under section 302 !PC and other accused under Section 302 r/w 34 !PC and confirmed the other convictions and sentences-Correctness of-Held, on facts, dying declaration has been made by the deceased voluntarily-Conviction of the D main accused is altered to one under section 304
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