Supreme Court · 2008 INSC 1471 · Decided 18 December 2008
The State of Tamil Nadu REP. BY Secretary of Government v. Subair @ Mohamed Subair and ORS.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1471 · [2008] 17 S.C.R. 1046
- Case number
- CRIMINAL APPEAL No. 162/2002
- Decided
- 18 December 2008
- Bench
- ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 307
Headnote
c Penal Code, 1860 - s. 302 - Murder - Two eye- ~ witnesses - Two dying declarations: one made before Judicial Magistrate and the other made before constable - In the dying declaration made before the Magistrate names of accused not mentioned in the other dying D declaration - FIR registered on the basis of dying declaration made before the constable - Conviction by trial court - On · appeal, held: Acquittal justified - Evidence of eye-witnesses doubtful in view of their conduct - Dying declaration made before Judicial
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