Supreme Court of India
Vijaya v. State Rep by the Inspector of Police
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What the Court ordered
For the reasons aforesaid, the appeal is allowed and the Judgment dated 27-4-2017 of the learned Trial Court and the impugned Judgment dated 19-3-2019 passed by the High Court both are set aside. 377.
Judgment, page 10
From the headnote
Evidence Act, 1872 – ss. 32, 157 – Code of Criminal Procedure – s. 164 – Dying declaration – Victim survived – Statement u/s.164 Cr.P. . – Prosecution case that appellant consumed a poisonous substance, which she also administered to her 10 months old daughter – They were taken to hospital – Appellant’s dying declaration was recorded – Appellant survived but her baby died – Appellant’s husband reported matter to the police, which led to regsitration of FIR u/ss. 302 and 309 IPC – Appellant’s husband (PW1) and her father-in-law (PW5), both turned hostile during the trial – Trial Court found…
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