STATE OF RAJASTHAN versus PARMENDRA SINGH

STATE OF RAJASTHAN versus PARMENDRA SINGH

The High Court erred in disregarding the dying declarations on procedural grounds; all dying declarations consistently named the respondent and described his role, and there was no evidence of tutoring or prompting; thus, the acquittal was unjustified and must be set aside.

Parties
Appellant: State of Rajasthan; Respondent: Parmendra Singh
Jurisdiction
India
Judgment Date
04 May 2009
Procedural Posture
Criminal Appeal / Supreme Court Final Appeal From High Court Acquittal
Outcome
Appeal allowed, acquittal set aside, respondent to surrender to custody to serve remainder of sentence.
Legal Topics
Dying Declaration, Reliability of Evidence, Acquittal Reversal
Criminal Law Dying Declaration Reliability of Evidence Acquittal Reversal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

State of Rajasthan

Appellant

Parmendra Singh

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Final Appeal From High Court Acquittal

Legal Issues

  1. 1 Whether the High Court was correct in acquitting the accused on the ground that dying declarations were not reliable

Ratio Decidendi

The High Court erred in disregarding the dying declarations on procedural grounds; all dying declarations consistently named the respondent and described his role, and there was no evidence of tutoring or prompting; thus, the acquittal was unjustified and must be set aside.

Court Disposition

Appeal allowed, acquittal set aside, respondent to surrender to custody to serve remainder of sentence.

Orders

  • Respondent shall surrender to custody forthwith to serve the remainder of sentence