Supreme Court of India
Subhash Soni & Anr. v. State of M.P.
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From the headnote
Penal Code, 1860 - s. 302 rlw s.34 - Death due to armed c assault - PW1 's brother found lying injured on the road - Taken to hospital in car of PW4 - On way to hospital, PW4 heard him telling PW1 that appellants had assaulted him with a sword - Death of PW1 's brother in hospital - Conviction of appellants on basis of dying declaration made by PW1 's brother while being taken to hospital - Propriety of - Held: Proper - On facts, the conclusions of Courts below that deceased was not unconscious and was in a position to give name of the assailants while he was being taken to hospital cannot be
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