BAWA RAM & ANR. versus STATE OF U.T. CHANDIGARH

BAWA RAM & ANR. versus STATE OF U.T. CHANDIGARH

Given the peculiar facts where relatives and witnesses resiled from earlier statements and deposed that the deceased was of unsound mind and had suicidal tendency, it would not be safe to sustain conviction solely on dying declarations.

Parties
Appellant: Bawa Ram; Respondent: State of U.T. Chandigarh
Jurisdiction
India
Judgment Date
05 May 2009
Procedural Posture
Criminal Appeal / Final Disposition by Supreme Court
Outcome
Conviction set aside; appellants acquitted.
Legal Topics
Dying Declaration, Mental Unsoundness, Section 302 IPC, Section 34 IPC
Criminal Law Dying Declaration Mental Unsoundness Section 302 IPC Section 34 IPC

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Parties

Bawa Ram

Appellant

State of U.T. Chandigarh

Respondent

Procedural Posture

Criminal Appeal / Final Disposition by Supreme Court

Legal Issues

  1. 1 Whether conviction can be sustained based on dying declarations when eye witnesses resile and depose that deceased was of unsound mind and had suicidal tendency

Ratio Decidendi

Given the peculiar facts where relatives and witnesses resiled from earlier statements and deposed that the deceased was of unsound mind and had suicidal tendency, it would not be safe to sustain conviction solely on dying declarations.

Court Disposition

Conviction set aside; appellants acquitted.

Orders

  • Appellants shall be released from custody forthwith unless required to be detained in connection with any other case.
  • Appeals accordingly disposed of.