Supreme Court of India · 2011-03-31
Shindo Alias Sawinder Kaur And Anr vs State Of Punjab
- Citation / case number
- 2011 AIR SCW 6556
- Court
- Supreme Court of India
- Petitioner
- Shindo Alias Sawinder Kaur And Anr
- Respondent
- State Of Punjab
- Bench
- Chandramauli Kr. Prasad, Harjit Singh Bedi
Judgment text excerpt
The Supreme Court held that the dying declarations made by Balbir Kaur were admissible under Section 32(1) of the Evidence Act, as they were made in a fit state of mind despite her critical condition. The Court emphasized that the credibility of dying declarations must be assessed based on the circumstances under which they were made, and the absence of the doctor who certified her fitness does not invalidate the declarations. The appeal was allowed, overturning the lower court's decision and reinstating the charges under Sections 304-B and 498-A IPC against the accused.