Supreme Court · 2006 INSC 775 · Decided 1 November 2006
Vithal v. State of Maharashtra
- Court
- Supreme Court of India
- Citation
- 2006 INSC 775 · [2006] SUPP. 8 S.C.R. 234
- Case number
- CRIMINAL APPEAL No. 1336/2005
- Decided
- 1 November 2006
- Bench
- S.B. SINHA, MARKANDEY KATJU (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302; CrPC Section 313; Evidence Act Section 32
Headnote
Evidence Act, 1872-Section 32-Multiple dying dec/arations­ Conviction, on basis thereof-Correctness of-Held: All dying declarations C named the accused-There is no inconsistency therein-Dying delcarations were corroborated by prosecution witnesses-Also it cannot be discarded for being in to the occurrence not prejudicial to accused-Testimony of deceased's mother cannot be discarded because she was interested witness-Accused had motive to commit ojfence- D Thus, order of courts below convicting the accused under Section 302 upheld­ Penal Code, 1860-Section 302. A quarrel took
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