Supreme Court of India
Kamalavva & Anr. v. State of Karnataka
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1 Supreme Court bench has cited this judgment.
What the Court ordered
In view of the aforesaid discussion and taking an overall view of all the facts and .circumstances of the case and also the evidence on record, we find no ground to interfere with the order of conviction and sentence recorded by the High Court C holding the appellants guilty of the offence under Section 302 read with Section 34 of IPC. The present appeal therefore deserves to be dismissed which we hereby do.
Judgment, page 15
From the headnote
Penal Code, 1860: s.302 r.w. s.34 - Conviction under, c challenged on the ground of delay in lodging FIR and absence of certificate of doctor to the effect that deceased was in fit condition to make the dying declaration - On facts, Held: Delay in lodging FIR was explained by prosecution - Dying declaration was recoded by the magistrate in the presence of doctor - Magistrate deposed that while making statement, deceased was conscious and in fit condition to make such a statement - No reason to interfere with the order of conviction. • Prosecution case was that the deceased was tortured by her
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