Supreme Court · 2012 INSC 568 · Decided 6 December 2012
Sri Bhagwan v. State of U.P.
- Court
- Supreme Court of India
- Citation
- 2012 INSC 568 · [2012] 12 S.C.R. 774
- Case number
- CRIMINAL APPEAL No. 1709/2009
- Decided
- 6 December 2012
- Bench
- SWATANTER KUMAR, F.M. IBRAHIM KALIFULLA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 326; CrPC Section 161, 161an; Evidence Act Section 32
Headnote
Penal Code, 1860- ss.302 and 326- Acid sprinkled on C victim causing him extensive bum injuries - FIR registered u/s.326 /PC - Statement of victim uls.161 CrPC - Death of the victim one day thereafter - Case altered to that u/s.302 /PC - Conviction of accused-appellant u/s. 302 by Courts below Justified - Testimony of PWs-1 D and 3 was convincing and natural - Moreover, they were total strangers and their presence was justified in eveiy respect - Statement of victim u/s.161 CrPC was truthful which subsequent to his death assumed the character of dying declaration falling within the
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