MAQSOODAN & OTHERS vs STATE OF UTTAR PRADESH [AND VICE-VERSA]

The Supreme Court upheld the conviction under Section 302 IPC, affirming that the testimony of four eye witnesses, despite minor inconsistencies, was credible and reliable. The Court clarified that a statement made by a person who is not dead cannot be classified as a dying declaration under Section 32 of the Evidence Act, but may be admissible under Section 157 for corroboration. The Court emphasized that common intention is a question of fact that can be inferred from the circumstances surrounding the case.