Supreme Court · 2003 INSC 38 · Decided 27 January 2003
State of Karnataka v. Shariff
- Court
- Supreme Court of India
- Citation
- 2003 INSC 38 · [2003] 1 S.C.R. 572
- Case number
- CRIMINAL APPEAL No. 662/1995
- Decided
- 27 January 2003
- Bench
- S. RAJENDRA BABU, G.P. MATHUR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302; Evidence Act Section 32
Headnote
Penal C.ode, 1860: c Section 302-Husband setting wife on fire leading to her death--"- Conviction by trial court-However, HighC()urtsetting it aside-Justification of-.;-Held, High Court erredin discarding the dying declarations of the wife and testimony of chjld witnesses thus, acquitting the Deciaration-Reliability of-Discussed. Dying Declaration-Evidentiary value of-:-Police ·officer recording it themselves in presence of doctor when they could have called the Magistrate- E Held, .such dying declaration is admissible in evidence since there is no requirement of law that it
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