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july 2001

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.

Smt. Laxmi vs Om Parkash & Ors · Niyam