HEERALAL versus STATE OF M.P.

HEERALAL versus STATE OF M.P.

In view of the discrepancies in the two dying declarations and lack of evidence justifying the exclusion of one, it would be unsafe to convict the appellant.

Parties
Appellant: Heeralal; Respondent: State of M.P.
Jurisdiction
India
Judgment Date
16 March 2009
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Conviction set aside. Appeal allowed.
Legal Topics
Murder, Dying Declaration, Section 302 IPC
Criminal Law Murder Dying Declaration Section 302 IPC

Case Brief

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Parties

Heeralal

Appellant

State of M.P.

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether conviction for murder based on two discrepant dying declarations is sustainable

Ratio Decidendi

In view of the discrepancies in the two dying declarations and lack of evidence justifying the exclusion of one, it would be unsafe to convict the appellant.

Court Disposition

Conviction set aside. Appeal allowed.

Orders

  • Appellant to be released from custody forthwith unless required in any other case.