Supreme Court · 1996 INSC 1286 · Decided 5 November 1996
State of Madhya Pradesh v. Dhirendra Kumar
- Court
- Supreme Court of India
- Citation
- 1996 INSC 1286 · [1996] SUPP. 8 S.C.R. 443
- Case number
- CRIMINAL APPEAL No. 283/1984
- Decided
- 5 November 1996
- Bench
- G.N. RAY, B.L. HANSARIA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302; Evidence Act
Headnote
Indian Penal Code, l 860: Section 302-Murder-Evidence of eye witnesses-Dying declaration recorded-Recovery of revolver-Omission A B in FIR of dying declaration-Effect of-Conviction by Trial Court­ Acquittal by High Court-Held, FIRs are not taken as encyclopedia­ Omission of dying Death sentence-Not rarest of rare type-Acquittal set aside­ Convicted for murder and sentenced to imprisonment for life. Indian Evidence Act, 1872: Section l 14 Illustration (a)-Held, it is D permissible to presume that a person in possession of stolen goods soon after the theft is a thief
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