Supreme Court of India · 2001-07-09
Smt. Laxmi vs Om Parkash & Ors
- Citation / case number
- AIR 2001 SUPREME COURT 2383
- Court
- Supreme Court of India
- Petitioner
- Smt. Laxmi
- Respondent
- Om Parkash & Ors
- Author
- R.C. Lahoti
- Bench
- R.C. Lahoti, Doraiswamy Raju
Judgment text excerpt
The Supreme Court reiterated the legal principle that a dying declaration, if made in a fit mental condition, is admissible as evidence under Section 32(1) of the Indian Evidence Act, 1872. The Court emphasized that such declarations can be the sole basis for conviction if found reliable, as established in Kundula Bala Subrahmanyam Vs. State of A.P., (1993) 2 SCC 684. In this case, the Court overturned the acquittal of the accused under Section 302/34 IPC, holding that the dying declarations were credible and free from infirmities, thus warranting conviction.