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Supreme Court of India 2021-05-07 allowed

Lachma s/o Chandyanaika & Anr vs State of Karnataka

Bench: 2 — Surya Kant, Aniruddha Bose

In Brief

The appellants were convicted by the High Court of murder under Section 302 IPC after reversing an acquittal, primarily based on a dying declaration of the victim who suffered 80% burn injuries. The Supreme Court set aside the conviction, holding that while a dying declaration can be sole evidence of conviction, it must be rigorous scrutinized and cannot be relied upon when shrouded with infirmities. Here, the declaration lacked pre-recording medical certification, contained contradictions about injuries, bore indications of police influence, and faced material contradiction from family members. The Court reiterated that High Courts should exercise restraint when trial courts' acquittals rest on possible views supported by correct evidence analysis, and affirmed the trial court's conclusion that conviction on the dubious dying declaration alone was unsafe.

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Criminal Procedure Evidence Law Dying Declarations Burden of Proof Appellate Jurisdiction Witness Credibility Murder

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