In Brief
In this criminal appeal, the accused was convicted under Section 304 Part II IPC for attacking a victim with a bomb, kati blow, and acid, resulting in the victim's death months later. The appellant contended that the victim's statement to police under Section 161 CrPC, identifying him as the attacker, could not be treated as a dying declaration because it was recorded weeks before death. The Supreme Court held that such statements relating to cause of death are admissible under Section 32(1) Evidence Act regardless of when death occurs, and Section 162(2) CrPC explicitly permits reliance on Section 161 statements falling within Section 32(1). The victim's statement was corroborated by his injuries and the sequence of events. The appeal was dismissed.
The lawyer headnote and full judgment text are available to registered users.