SHAIKH RAFIQ vs STATE OF MAHARASHTRA

The Supreme Court held that the conviction of the appellants under Section 302 IPC was not sustainable due to the unreliability of the dying declaration recorded by the police officer, as it lacked proper medical endorsement regarding the deceased's fitness to make a statement. The Court emphasized that the absence of corroborative evidence further weakened the prosecution's case, leading to the acquittal of the appellants. Consequently, the appeal was allowed, and the conviction was overturned.