Supreme Court · 2008 INSC 1056 · Decided 18 September 2008
State REP. BY Inspector of Police, Tiruchy v. Rettaimandaiyan @ Murugan
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1056 · [2008] 13 S.C.R. 632
- Case number
- CRIMINAL APPEAL No. 656/2002
- Decided
- 18 September 2008
- Bench
- ARIJIT PASAYAT, H.S. BEDI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC; Evidence Act Section 3, 32
Headnote
Evidence Act, 1872 - ss. 3 and 32 - Evidence of eye- witnesses - Reliance upon - Murder of deceased and injury c to other over a quarrel - Conviction on basis of evidence of eye-witnesses and dying declaration - However, acquittal by High Court since evidence of eye-witnesses had as dying declaration could not be believed - Sustainability of - Held: Not sustainable - High Court should D not have discarded the evidence of eye witnesses without in- "' . dicating any reason as to its deficiency - It did not discuss the evidence of prosecution witnesses independently
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