Supreme Court · 2009 INSC 449 · Decided 1 April 2009
State of Rajasthan v. Champa Lal
- Court
- Supreme Court of India
- Citation
- 2009 INSC 449 · [2009] 5 S.C.R. 463
- Case number
- CRIMINAL APPEAL No. 305/2003
- Decided
- 1 April 2009
- Bench
- ARIJIT PASAYAT, A.K. GANGULY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302; Evidence Act Section 32
Headnote
Penal Code, 1860 - s. 302 - Conviction by trial court - On the basis of dying declaration recorded by police official c - Acquittal by High Court holding that dying declaration not in accordance with Police Rules - On appeal held: Accused liable to be convicted - The dying declaration is categorically stated that it was not possible to get a Magistrate to record the dying declaration - D Reliance on the Police Rules which provide procedural guidelines, cannot take away effect of s. 32 - Evidence of prosecution witnesses also prove the case - Evidence Act, 1872 - s. 32 -
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