SUBHASH SONI & ANR. versus STATE OF M.P.

SUBHASH SONI & ANR. versus STATE OF M.P.

The dying declaration was found to be true, voluntary, and credible as per the evidence of PW1 and PW4, and thus conviction solely based on the same was upheld as proper.

Parties
Appellant: Subhash Soni; Respondent: State of M.P.; Appellant: Sanjay Sharawat; Respondent: M.Z. Choudhary; Respondent: Munnawar Alam Sultana; Respondent: Mohd. Irshad Hanif; Respondent: Sunny Choudhary
Jurisdiction
India
Judgment Date
06 May 2009
Procedural Posture
Criminal Appeal / Supreme Court Appeal From High Court Judgment
Outcome
Appeal dismissed; conviction upheld.
Legal Topics
Dying Declaration, Conviction Under Section 302/34 IPC
Criminal Law Evidence Dying Declaration Conviction Under Section 302/34 IPC

Case Brief

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Parties

Subhash Soni

Appellant

State of M.P.

Respondent

Sanjay Sharawat

Appellant

M.Z. Choudhary

Respondent

Munnawar Alam Sultana

Respondent

Mohd. Irshad Hanif

Respondent

Sunny Choudhary

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal From High Court Judgment

Legal Issues

  1. 1 Whether conviction can be upheld solely on the basis of dying declaration under Section 302 read with Section 34 IPC
  2. 2 Appropriate appreciation of oral dying declaration where eye witness testimony was rejected

Ratio Decidendi

The dying declaration was found to be true, voluntary, and credible as per the evidence of PW1 and PW4, and thus conviction solely based on the same was upheld as proper.

Court Disposition

Appeal dismissed; conviction upheld.

Orders

  • Appeal dismissed.
  • Conviction of appellants under Section 302 read with Section 34 IPC upheld.