TARACHAND DAMU SUTAR vs THE STATE OF MAHARASHTRA

The Supreme Court held that the appellant had a right of appeal under Article 134(1)(a) of the Constitution after being convicted of murder under Section 302 IPC by the High Court, which reversed the Sessions Court's conviction under Section 304 Part 1 IPC. The Court clarified that the term 'acquittal' in Article 134(1)(a) includes a conviction for a lesser offense, and upheld the High Court's reliance on the uncorroborated dying declaration of the deceased. However, the dissenting opinion found the dying declaration unreliable, leading to the conclusion that the appellant should be acquitted.