Supreme Court of India · 2007-06-07
STATE OF RAJASTHAN vs WAKTENG
- Citation / case number
- SC 2002/6712
- Court
- Supreme Court of India
- Petitioner
- STATE OF RAJASTHAN
- Respondent
- WAKTENG
- Author
- ARIJIT PASAYAT
- Bench
- D.K. JAIN DR. ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court examined the acquittal of the respondent under Section 302 IPC and related sections, emphasizing the importance of the dying declaration (Ex.P-10) and the recovery of the weapon (sword) as critical evidence. The Court held that the High Court erred in setting aside the conviction, as the dying declaration was credible and corroborated by other evidence. Consequently, the Supreme Court overturned the High Court's judgment and reinstated the conviction under Section 302 IPC, along with the sentences imposed by the trial court.