Supreme Court of India
Devilal and Others v. State of Madhya Pradesh
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From the headnote
Penal Code, 1860 – ss.302 r/w 34 – Appellants convi cted u/ss.302 r/w 34, sentenced to life imprisonment – Affirm ed by High Court – On appeal, held: FIR was rightly relied upon by the courts below as dying declaration of the victim-deceased – FIR itself referred to the presence of PW1 (wife of deceased) and PW2 (sister- in-law of the deceased) – Testimony of both these witnesses disclosed that the appellants opened an assault on victim whi ch led to his death – Recoveries of the weapons in question viz., lathi, sword and axe also lend sufficient corroboration to the prosecution’s case –
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