Back
2011 Supreme(SC) 761
Supreme Court of India
HARJIT SINGH BEDI & GYAN SUDHA MISRA
Batcha @ Guramkonda Garika Prasad & Another
Versus
State of A.P.
CRIMINAL APPEAL NO.954 OF 2007
Decided On : 10-08-2011
Advocate Appeared:
For the Appellants: -------.
For the Respondent: --------.
Headnote:Indian Evidence Act, 1872 – Section 32 – Dying declaration – Two dying declarations recorded – One by SI of Police and the other by Magistrate – In both cases doctor certifying that deceased was fit to give statement – Conviction rightly imposed. (Para 3)
Judgment :
We have heard the learned counsel for the parties.
We are told by the learned counsel for the appellants that appellant No. 2 Gurramkonda Hari has passed away on 25th November, 2008. The appeal qua appellant No. 2 is, accordingly, dismissed as having abated.
We see that the prosecution story is based on two dying declarations given by the deceased, one recorded by a Sub Inspector and the other by a Magistrate and that both the dying declarations had been recorded after the doctor had certified that the injured was in a fit condition to make her statement.
In the light of this fact, no other evidence was necessary to maintain the conviction of the appellant. We, accordingly, dismiss the appeal.
