Supreme Court · 2008 INSC 72 · Decided 21 January 2008
Vikas & ORS. v. State of Maharashtra
- Court
- Supreme Court of India
- Citation
- 2008 INSC 72 · [2008] 1 S.C.R. 933
- Case number
- CRIMINAL APPEAL No. 321/2006
- Decided
- 21 January 2008
- Bench
- C.K. THAKKER, MARKANDEY KATJU (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 34; Evidence Act Section 32
Headnote
Evidence Act, 1872 - s. 32 - Dying declaration - Evidentiary value of- Death by burning - Father of deceased c and panch witness became hostile - Conviction of husband and in-laws u/ss. 302, 342 rlw s. 34 IPC by courts below- Based on two dying declarations recorded by Special Judicial Magistrate - In both the dying declarations, deceased clearly attributed burn 0 injuries caused to her, to the accused persons - More so, dying declaration recorded by competent Magistrate stands on a much higher footing - Courts below rightly discarded evidence of father of deceased and Pan.ch witness
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