Supreme Court of India

Samadhan Dhudaka Koli v. State of Maharashtra

Neutral citation
Bench S.B. Sinha and Cyriac Joseph JJ.
Decided 18 December 2008
Status Distinguished

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that whereas the findings of G the learned Sessions Judge as ·also the High Court in regard to guilt of Appellant No. 1 must be accepted, keeping in view the inconsistencies between the two dying declarations, benefit of .Ji. doubt should be given to Appellant No.

Judgment, page 12

From the headnote

Evidence: Dying declaration - Bum injuries resulting in ·4 death of wife - Third dying declaration attributed role of husband in the incident - In first dying declaration, incident c .. stated to be accidental - Second dying declaration recorded by Magistrate not put on record by prosecution - Plea of ,, appellant to bring second dying declaration on record rejected by courts below - Acquittal of parents-in-law - Conviction of husband-appellant under s.302 /PC - Challenged·- Held: Dying declaration before judicial magistrate has higher ',,} evidentiary value - Prosecution did not explain why…

Where later benches applied it

Of those, 1 distinguished · 1 mentioned

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