Supreme Court · 1988 INSC 221 · Decided 12 August 1988
State of U.P. v. Krishna Gopal & ANR.
- Court
- Supreme Court of India
- Citation
- 1988 INSC 221 · [1988] SUPP. 2 S.C.R. 391
- Case number
- CRIMINAL APPEAL No. 891/1985
- Decided
- 12 August 1988
- Bench
- A.P. SEN, M.N. VENKATACHALIAH (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 34; Constitution Article 136
Headnote
Constitution of India 1950: Article 136-Supreme Court does not interfere with findings of fact reached by High Court unless vitiated by serious errors. The respondents were put on trial for offences under section 302 read with section 34, IPC. At the trial the prosecution mainly relied on the to be used as a dying declara­ tion. The defence assailed the credibility of the eye-witnesses as well as the authenticity of the dying declaration. The Sessions Judge accepted the prosecution ~ase that notwithstanding the somewhat serious injuries inflicted on him, the deceased was in a
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