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may 1976

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.

K RAMACHANDRA REDDY & ANR. vs THE PUBLIC PROSECUTOR · Niyam