Supreme Court of India
Surinder Kumar v. State of Haryana
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3 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that the dying declaration Ex.PD does not inspire confidence in the mind of the Court.
Judgment, page 22
From the headnote
Penal Code, 1860: s.302 - Conviction based on dying declaration - Allegation against the accused that he poured kerosene on the victim and set her on fire which resulted in her death in hospital - Victim made statement in hospital implicating the accused - Trial court did not find the dying declaration reliable and acquitted the accused - High Court convicted the accused on the basis of dying declaration - On appeal, held: The dying declaration was totally in conflict with the version of the prosecution as to the time of her burning and the relation of the accused with the victim - There were
Authorities it was built on
Where later benches applied it
- 2023 Abhishek Sharma v. State (govt. of Nct of Delhi)
- 2021 Mohan @srinivas @seena @tailor Seena v. The State of Karnataka
- 2021 Jayamma & Anr v. State of Karnataka
Of those, 3 referred to
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