Supreme Court of India

Samadhan Dhudaka Koli v. State of Maharashtra

Neutral citation
Reported as [2008] 17 S.C.R. 1025
Bench S.B. Sinha and Cyriac Joseph JJ.
Decided 18 December 2008
Status Distinguished

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

We are of the opinion that whereas the findings of G the learned Sessions Judge as ·also the High Court in regard to guilt of Appellant No. 1 must be accepted, keeping in view the inconsistencies between the two dying declarations, benefit of .Ji. doubt should be given to Appellant No.

Judgment, page 12

From the headnote

Evidence: Dying declaration - Bum injuries resulting in ·4 death of wife - Third dying declaration attributed role of husband in the incident - In first dying declaration, incident c .. stated to be accidental - Second dying declaration recorded by Magistrate not put on record by prosecution - Plea of ,, appellant to bring second dying declaration on record rejected by courts below - Acquittal of parents-in-law - Conviction of husband-appellant under s.302 /PC - Challenged·- Held: Dying declaration before judicial magistrate has higher ',,} evidentiary value - Prosecution did not explain why

Where later benches applied it

Of those, 1 distinguished

Sign in free to read it

  • The full judgment, page by page, as published in the Supreme Court Reports
  • The ratio: what the Court held, verbatim, with the page it sits on
  • Every bench that relied on it, and every bench that argued against it
  • Search every reported judgment, by party, citation or question
  • Download the PDF, copy pinpoint citations ready for a filing
Sign in to read - for free

An email address, no password.