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.