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2007 Supreme(SC) 396

B.N.AGARWAL, P.P.NAOLEKAR, B.S.REDDY
BANDI CHANDRAIAH – Appellant
Versus
STATE REPRESENTED BY ITS S. H. O. – Respondent


ORDER

1.Heard the learned counsel for the parties.

2. The sole appellant was convicted by the trial court under Section 304 Part II of the Penal Code and sentenced to undergo rigorous imprisonment for a period of five years. On appeal being preferred, the High Court confirmed his conviction. Hence, this appeal by special leave.

3. The conviction of the appellant is based upon three dying declarations;

one recorded by the police at the earliest point of time, the second by the Revenue MandaI Officer; and the third by the Magistrate. All the three dying declarations are consistent. In our view, the High Court was quite justified in upholding the conviction of the appellant; as such, no ground for interference is made out.

4. The criminal appeal, accordingly, fails and the same is dismissed.

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