GOPAL versus STATE OF M.P.

GOPAL versus STATE OF M.P.

The later dying declaration was not in conformity with the FIR and the earlier dying declaration. The inconsistencies between the two declarations were material and affected their reliability. It is unsafe to convict the appellant based solely on inconsistent dying declarations. Conviction is set aside.

Parties
Appellant: Gopal; Respondent: State of Madhya Pradesh
Jurisdiction
India
Judgment Date
27 March 2009
Procedural Posture
Criminal Appeal / Supreme Court Appeal From High Court Conviction
Outcome
appeal allowed, conviction set aside, appellant acquitted
Legal Topics
Evidence, Dying Declaration, Conviction, Acquittal
Criminal Law Evidence Dying Declaration Conviction Acquittal

Case Brief

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Parties

Gopal

Appellant

State of Madhya Pradesh

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal From High Court Conviction

Legal Issues

  1. 1 Reliability and consistency of multiple dying declarations in prosecution under Section 302/34 IPC

Ratio Decidendi

The later dying declaration was not in conformity with the FIR and the earlier dying declaration. The inconsistencies between the two declarations were material and affected their reliability. It is unsafe to convict the appellant based solely on inconsistent dying declarations. Conviction is set aside.

Court Disposition

appeal allowed, conviction set aside, appellant acquitted

Orders

  • Appellant is acquitted of charges under Section 302/34 IPC.
  • Appellant be set at liberty forthwith unless required in custody for any other case.