Supreme Court · 1996 INSC 639 · Decided 7 May 1996
State of M.P. v. Mohan Lal and ORS.
- Court
- Supreme Court of India
- Citation
- 1996 INSC 639 · [1996] SUPP. 2 S.C.R. 489
- Case number
- CRIMINAL APPEAL No. 151/1984
- Decided
- 7 May 1996
- Bench
- G.N. RAY, G.B. PATTANAIK (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 449, 148, 147; Evidence Act Section 32
Headnote
B Evidence Act, 1872 : Section 32. Dying declaration-Made by deceased in a fit state of mind-Omission to mention that deceased was dragged and assaulted outside his hut-Held: C such omission not fatal to prosecution case-Dying declaration could fonn sole basis of conviction if it was true and by High Court set aside. The respondents were convicted under Section 302 read with Section D 149 of the Indian Penal Code, 1860 and sentenced to undergo imprison­ ment for life. According to the prosecution, the respondents dragged the deceased out of his hut and assaulted him by sticks
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