1982 Supreme(Bom) 105

(SHORT NOTE)
BOMBAY HIGH COURT
(D. B.)
C. S. Dharmadhikari and Mohra, JJ.
Aamzanali Gulam Hussain Adaita -Appellant
versus
The State of Maharashtra -Respondent
Criminal Appeal No. 876 of 1981
Decided on 23-3-1982
S. R. Chitnis, Advocate-For the Appellant.
B. D. Kamble, Advocate-For the Respondent.

Headnote:(i) Indian Penal Code, 1860 - Section 301 -Criminal trial for murder-Whether conviction under Section 302, Indian Penal Code can be based upon uncorroborated dying declaration? (Yes, provided the dying declaration was voluntary and truthful).

       (ii) Indian Penal Code, 1860, Sections 302 read with 34-Conviction of appellant on the basis of five dying declarations of deceased-Improvements in each dying declaration-In the first and second dying declaration, no mention of knife attack or stoppage at Hotel-In the third dying declaration, for the first time, mention of knife-Attack and stoppage at the hotel-In the fourth dying declaration no mention of stoppage at Hotel- In the fifth dying declaration no reference to the knife-Are the dying declarations truthful? (No, they suffer from. Material discrepancies)-Result-Appeal allowed-Conviction set aside.