Supreme Court · 2004 INSC 617 · Decided 25 October 2004
State of Maharashtra v. Sanjay S/O Digambarrao Rajhans
- Court
- Supreme Court of India
- Citation
- 2004 INSC 617 · [2004] SUPP. 5 S.C.R. 619
- Case number
- CRIMINAL APPEAL No. 648/1998
- Decided
- 25 October 2004
- Bench
- P. VENKATARAMA REDDI, P.P. NAOLEKAR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- Evidence Act
Headnote
B Criminal Trial-Conviction based on Dying dec/aration-1.0. recording second dying declaration immediately after the recording by Executive Magistrate-Recorded without obtaining opinion from Doctors as to the C fitness of victim-Held, such a dying declaration is not reliable. Practice and of doubt ought to be given to the accused. Dying declaration-More than one declaration-Held, must be tested D on the iouchstone of consistency and probabilities. Evidence Act. 1872-Evidence of parents of deceased-Victim sustained serious burns-Statements-Held, not reliable. PWs 2 and 3 deposing
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