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Surendra Nath Mohton Vs. State of Bihar - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberCriminal Appeal No. 261 of 1972
Judge
Reported inAIR1979SC1497; 1979CriLJ1129; (1979)3SCC457; 1979(11)LC438(SC)
AppellantSurendra Nath Mohton
RespondentState of Bihar
Excerpt:
.....and the evidence of pws 1 to 7, 11 and 15. out of these witnesses, pw 2 and 3 are near relations who have been clearly mentioned in the fir the fact that the deceased made an oral dying declaration, is also mentioned in the fir.s. murtaza fazal ali, j.1. in this appeal by special leave, the appellant has been convicted under section 302 ipc and sentenced to imprisonment for life. the entire case rests on the dying declaration made by the deceased sukhu and the evidence of pws 1 to 7, 11 and 15. out of these witnesses, pw 2 and 3 are near relations who have been clearly mentioned in the fir the fact that the deceased made an oral dying declaration, is also mentioned in the fir. after having gone through the judgment of the courts below, we do not find any error of law in warrant any interference in this appeal. it is concluded by findings of facts. the appeal fails and is accordingly dismissed.
Judgment:

S. Murtaza Fazal Ali, J.

1. In this appeal by special leave, the appellant has been convicted under Section 302 IPC and sentenced to imprisonment for life. The entire case rests on the dying declaration made by the deceased Sukhu and the evidence of PWs 1 to 7, 11 and 15. Out of these witnesses, PW 2 and 3 are near relations who have been clearly mentioned in the FIR The fact that the deceased made an oral dying declaration, is also mentioned in the FIR. After having gone through the judgment of the courts below, we do not find any error of law in warrant any interference in this appeal. It is concluded by findings of facts. The appeal fails and is accordingly dismissed.


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