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may 2009

Supreme Court of India · 2009-05-05

Bawa Ram & Anr vs State Of U.T. Chandigarh

Citation / case number
AIRONLINE 2009 SC 285
Court
Supreme Court of India
Petitioner
Bawa Ram & Anr
Respondent
State Of U.T. Chandigarh
Author
Arijit Pasayat
Bench
Arijit Pasayat, Asok Kumar Ganguly

Judgment text excerpt

The Supreme Court analyzed the conviction under Section 302 read with Section 34 IPC, where the appellants were accused of setting the deceased on fire due to previous enmity. The Court emphasized that dying declarations can serve as a basis for conviction even when eyewitnesses resile from their statements. However, given the evidence that the deceased was of unsound mind and had suicidal tendencies, the Court found that the conviction could not be sustained, leading to the acquittal of the appellants.

Bawa Ram & Anr vs State Of U.T. Chandigarh · Niyam