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january 1985

Supreme Court of India · 1985-01-18

STATE OF UTTAR PRADESH vs RAM SAGAR YADAV AND ORS.

Citation / case number
SC 1975/60610
Court
Supreme Court of India
Petitioner
STATE OF UTTAR PRADESH
Respondent
RAM SAGAR YADAV AND ORS.
Author
Y.V. (() CHANDRACHUD
Bench
Y.V. ((CJ) CHANDRACHUD

Judgment text excerpt

The Supreme Court held that the High Court erred in overlooking crucial evidence and failing to consider the trial court's reasons for conviction. The Court emphasized that a dying declaration can be accepted without corroboration if its truth is established, affirming that the deceased's statement about being beaten by police was credible. The Court noted that the respondents' actions constituted murder under Section 300 IPC, specifically clause '2ndly', and criticized the Sessions Court for convicting under Section 304 IPC instead of Section 302 IPC, although it did not pursue further action due to the absence of an appeal by the State.

STATE OF UTTAR PRADESH vs RAM SAGAR YADAV AND ORS. · Niyam