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Supreme Court of India 2019-04-30 allowed

Poonam Bai vs State of Chhattisgarh

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

Poonam Bai was convicted of murder under Section 302 IPC based primarily on dying declarations recorded in hospital. The appeal succeeded because the prosecution failed to prove guilt beyond reasonable doubt. The court found the evidence weak: there were no eyewitnesses, the prosecution relied mainly on oral dying declarations, and critically, the original written declaration (Exhibit P2) was never produced before the trial court. The court held that while dying declarations may form the basis for conviction, oral statements without supporting documentation are inherently unreliable. Consequently, the conviction was set aside and the appeal was allowed.

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Criminal Procedure Evidence Dying Declarations Burden of Proof Appeal

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