Supreme Court · 2022 INSC 1139 · Decided 31 October 2022
The State of Jharkhand v. Shailendra Kumar Rai @ Pandav Rai
- Court
- Supreme Court of India
- Citation
- 2022 INSC 1139 · [2022] 13 S.C.R. 1033
- Case number
- CRIMINAL APPEAL No. 1441/2022
- Decided
- 31 October 2022
- Bench
- D.Y. CHANDRACHUD, HIMA KOHLI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 376, 341, 448, 375; Evidence Act Section 32(1), 60, 53A
Headnote
Evidence Act, 1872 - s.32(1) - Dying declaration - Penal Code, 1860 - ss.302,376,341 and 448 - Victim was raped and set on fire - Respondent was convicted u/ss. 302, 341, 376,448 by the Sessions Court onthebasis of dying declaration of the Judgment set aside by High Court inter alia holding that the statement made by the deceased is not admissible as a dying declaration, respondent was acquitted - On appeal, held: Post- mortem report concludes that the cause of death is septicemia caused by the burn injuries sustained by the
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