Supreme Court · 2009 INSC 718 · Decided 6 May 2009
Subhash Soni & ANR. v. State of M.P.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 718 · [2009] 8 S.C.R. 136
- Case number
- CRIMINAL APPEAL No. 639/2008
- Decided
- 6 May 2009
- Bench
- ARIJIT PASAYAT, A.K. GANGULY (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 34; Evidence Act Section 32
Headnote
• Penal Code, 1860 - s. 302 rlw s.34 - Death due to armed c assault - PW1 's brother found lying injured on the road - Taken to hospital in car of PW4 - On way to hospital, PW4 heard him telling PW1 that appellants had assaulted him with a sword - Death of PW1 's brother in hospital - declaration made by PW1 's D brother while being taken to hospital - Propriety of - Held: Proper - On facts, the conclusions of Courts below that deceased was not unconscious and was in a position to give name of the assailants while he was being taken to hospital cannot be faulted - PW4, an
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