Supreme Court of India
State of Rajasthan v. Santosh Savita
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From the headnote
Penal Code, 1860 - s. 304 (Part II) - Prosecution for murder - Conviction u/s. · 302 by trial court and acquittal therefrom by the High Court - On appeal, held: In view of the two dying declarations implicating the accused, and the same having been corroborated by the circumstantial evidence regarding the recovery of articles and evidence of PWs 2, 3 and 8; the prosecution case is proved - However, in absence of proof regarding intention of the accused for causing death, the accused can be held guilty of culpable homicide not amounting to murder - His conviction altered to one u/s. 304 (Part
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