Supreme Court · 2009 INSC 310 · Decided 4 March 2009
State of Rajasthan v. Ashfaq Ahmed
- Court
- Supreme Court of India
- Citation
- 2009 INSC 310 · [2009] 5 S.C.R. 306
- Case number
- CRIMINAL APPEAL No. 591/2003
- Decided
- 4 March 2009
- Bench
- ARIJIT PASAYAT, H.S. BEDI, A.K. GANGULY (3-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC; Constitution Article 136
Headnote
PENAL CODE, 1860: c s. 302 - Conviction by trial court - Acquittal by High Court - HELD: High Court rightly held that the only evidence relied upon by trial court, purported to have been recorded by JO was not a dying declaration - There was no evidence D to show that a condition to make a statement - There is no infirmity in the judgment of High Court to warrant interference - Constitution of India, 1950 - Article 136. The instant appeal was filed by the State Government against the judgment of the High Court by which it set E aside the conviction and the
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