Supreme Court of India
The State of Jharkhand v. Shailendra Kumar Rai @ Pandav Rai
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1 Supreme Court bench has cited this judgment.
From the headnote
Evidence Act, 1872 – s.32(1) – Dying declaration – Penal Code, 1860 – ss.302,376,341 and 448 – Victim was raped a nd set on fire – Respondent was convicted u/ss. 302, 341, 376,448 by the Sessions Court onthebasis of dying declaration of the victim, and sentenced – Judgment set aside by High Court inter alia holding that the statement made by the deceased is not admissible as a dying declaration, respondent was acquitted – On appeal, held: Post- mortem report concludes that the cause of death is septicem ia caused by the burn injuries sustained by the victim – Statement of the victim satisfies
Authorities it was built on
- 1985 State of Uttar Pradesh v. Ram Sagar Yadav and Ors
- 1998 Ram Bihari Yadav v. State of Bihar and Ors.
- 2005 Vishnu@ Undrya v. State of Maharashtra
- 2016 Ramesh and Others v. State of Haryana
- 2012 Surinder Kumar v. State of Punjab
- 2003 State of Karnataka v. Shariff
- 1997 Satbir v. Surat Singh and Ors.
Where later benches applied it
Of those, 1 referred to
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