Supreme Court · 2011 INSC 310 · Decided 18 April 2011
Waikhom Yaima Singh v. State of Manipur
- Court
- Supreme Court of India
- Citation
- 2011 INSC 310 · [2011] 5 S.C.R. 448
- Case number
- CRIMINAL APPEAL No. 802/2006
- Decided
- 18 April 2011
- Bench
- V.S. SIRPURKAR, T.S. THAKUR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302; Evidence Act Section 32
Headnote
Penal Code, 1860- s.302 - Murder- Dying declaration by the victim in the hospital that appellant was guilty of c assaulting him and the next day the victim expired - Acquittal by the trial court - However, conviction u/s. 302 by the High Court, on basis of the dying declaration of the deceased - is suspicious - Dying declaration is oral - No evidence about the fitness 0 of the victim to make the dying declaration - Exact words of the dying declaration not available - They differ from witness to witness - Though the witnesses claimed to have reported to the informant about such
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