AMOL SINGH versus STATE OF M.P.

AMOL SINGH versus STATE OF M.P.

Material inconsistencies between multiple dying declarations rendered the reliability of the prosecution case doubtful. Therefore, it would be unsafe to convict the appellant based on such dying declarations.

Parties
Appellant: Amol Singh; Respondent: State of Madhya Pradesh
Jurisdiction
India
Judgment Date
15 May 2008
Procedural Posture
Criminal Appeal / Supreme Court Appeal From High Court Conviction
Outcome
appeal allowed; conviction set aside; appellant acquitted
Legal Topics
Murder, Dying Declaration, Section 302 IPC, Section 34 IPC, Evidence Appreciation
Criminal Law Murder Dying Declaration Section 302 IPC Section 34 IPC Evidence Appreciation

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Parties

Amol Singh

Appellant

State of Madhya Pradesh

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal From High Court Conviction

Legal Issues

  1. 1 Whether conviction under Section 302 read with Section 34 IPC can be sustained when there are inconsistencies in multiple dying declarations

Ratio Decidendi

Material inconsistencies between multiple dying declarations rendered the reliability of the prosecution case doubtful. Therefore, it would be unsafe to convict the appellant based on such dying declarations.

Court Disposition

appeal allowed; conviction set aside; appellant acquitted

Orders

  • Appellant is acquitted of the charges
  • Appellant be set at liberty forthwith unless required in custody in connection with any other case