Supreme Court · 2011 INSC 777 · Decided 21 October 2011
Surinder Kumar v. State of Haryana
- Court
- Supreme Court of India
- Citation
- 2011 INSC 777 · [2011] 12 S.C.R. 1205
- Case number
- CRIMINAL APPEAL No. 328/2004
- Decided
- 21 October 2011
- Bench
- P. SATHASIVAM, B.S. CHAUHAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302; Evidence Act Section 32
Headnote
A B Penal Code, 1860: s.302 - Conviction based on dying declaration - Allegation against the accused that he poured kerosene on the victim and set her on fire which resulted in C her death in hospital - Victim made statement in hospital implicating the accused - Trial court did not find the dying - High Court convicted the accused on the basis of dying declaration - On appeal, held: The dying declaration was totally in conflict with D the version of the prosecution as to the time of her burning and the relation of the accused with the victim - There were serious omissions on part of
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