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january 1980

Supreme Court of India · 1980-01-17

KUSA & ORS. vs STATE OF ORISSA

Citation / case number
SC 1974/60450
Court
Supreme Court of India
Petitioner
KUSA & ORS.
Respondent
STATE OF ORISSA
Author
SYED MURTAZA FAZALALI
Bench
SYED MURTAZA FAZALALI

Judgment text excerpt

The Supreme Court upheld the conviction of the appellants under Section 302/149 IPC based on a dying declaration, despite the appellants' claims regarding the deceased's state of shock and the declaration's completeness. The Court found that the High Court correctly determined the dying declaration to be true and reliable, independent of the inconsistent eye-witness testimony. It clarified that the Sessions Judge erred in dismissing the dying declaration, emphasizing that the reliability of such declarations is not negated by the rejection of eye-witness accounts.

KUSA & ORS. vs STATE OF ORISSA · Niyam