JITENDRA BAPPA BARAWKAR vs STATE OF MAHARASHTRA

The Supreme Court held that the conviction of the appellant was not justified as the oral dying declaration made by the deceased did not mention the appellant's name, which was crucial for establishing guilt. The Court distinguished the case from that of co-accused, emphasizing the lack of reliable evidence against the appellant. Consequently, the Court allowed the appeal, set aside the conviction and sentence, and ordered the appellant's immediate release.