Supreme Court of India · 1976-05-05
K RAMACHANDRA REDDY & ANR. vs THE PUBLIC PROSECUTOR
- Citation / case number
- SC 1975/60473
- Court
- Supreme Court of India
- Petitioner
- K RAMACHANDRA REDDY & ANR.
- Respondent
- THE PUBLIC PROSECUTOR
- Author
- SYED MURTAZA FAZALALI
- Bench
- SYED MURTAZA FAZALALI
Judgment text excerpt
The Supreme Court held that the High Court erred in reversing the acquittal of the appellants under Section 302/34 IPC, as the dying declaration was not sufficiently validated due to the Magistrate's failure to ascertain the deceased's mental capacity to make the statement, violating Section 32 of the Indian Evidence Act. The Court emphasized that when two views of evidence are possible, the order of acquittal should not be disturbed. The appeal was allowed, reinstating the acquittal of the accused.