Supreme Court · 1996 INSC 320 · Decided 27 February 1996
State of Rajasthan v. Kishore
- Court
- Supreme Court of India
- Citation
- 1996 INSC 320 · [1996] 2 S.C.R. 1103
- Case number
- CRIMINAL APPEAL No. 265/1996
- Decided
- 27 February 1996
- Bench
- K. RAMASWAMY, S. SAGHIR AHMAD, G.B. PATTANAIK (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302; CrPC Section 161; Evidence Act Section 32
Headnote
Evidence Act 1872-Section 32. A B Dying declaration-Sole basis f01'-Conviction-Co1mboration by the C FIR and statement recorded under Section 161 Cr.P. C-Evidentia1y value-Held, dying declaration contains all grains of tmth as they are :ipon­ taneously made in expectation of death. Conviction the dying declaration, co-accused-Acquitted- D Held, the acquittal was wrong but does not cast any doubt on the veracity of the dying declaration. Oiminal Procedure Code 1973: Investigation into b1ide buming case--Omission by the Investigating E Officer to send the bumt clothes and other
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