Supreme Court · 2003 INSC 607 · Decided 6 November 2003
Suchand Pal v. Phani Pal and ANR.
- Court
- Supreme Court of India
- Citation
- 2003 INSC 607 · [2003] SUPP. 5 S.C.R. 281
- Case number
- CRIMINAL APPEAL No. 176/1997
- Decided
- 6 November 2003
- Bench
- DORAISWAMY RAJU, ARIJIT PASAYAT (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 307, 447; Evidence Act Section 32; Arms Act Section 302, 307, 25
Headnote
Penal Code, 1860/Arms Act, 1959-Sections 302 and 307/Section 25- Murder-Prosecution-Different versions of incident by prosecution and defence-Prosecution version inconsistent with medical evidence-Dying C declaration by deceased not made directly but was only an affirmation to her husband's was inconsistency in the prosecution case and medical evidence and the dying declaration is not admissible. Evidence Act, 1872-Section 32-Dying Declaration-Nature of- D Statement not made directly by the deceased-Only affirmed the statement of her husband-Held: such response of the deceased
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