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march 2009

Supreme Court of India · 2009-03-04

State Of Rajasthan vs Ashfaq Ahmed

Citation / case number
AIR 2009 SUPREME COURT 2307
Court
Supreme Court of India
Petitioner
State Of Rajasthan
Respondent
Ashfaq Ahmed
Author
Arijit Pasayat
Bench
Asok Kumar Ganguly, Harjit Singh Bedi, Arijit Pasayat

Judgment text excerpt

The Supreme Court upheld the Rajasthan High Court's acquittal of Ashfaq Ahmed, who was convicted under Section 302 IPC for murder. The High Court found that the evidence, particularly the Parcha bayan recorded by the Investigating Officer, was not a valid dying declaration as the deceased was not in a condition to make a statement. The Court emphasized that the absence of medical evidence confirming the deceased's ability to speak rendered the conviction unsustainable, leading to the dismissal of the State's appeal.

State Of Rajasthan vs Ashfaq Ahmed · Niyam