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Head Note

Indian Penal Code,1860  - Section 302 , Section 354 , The Indian Evidence Act, 1872  - Section 32 (1)

Murder - Dying declaration - Appreciation of evidence - Dying declaration Ext.96, is definitely trustworthy - It also stands corroborated on material aspects by other declaration Ext.98 - If some exaggeration on part of PW1 and PW5 is eschewed, their oral testimonies also lend full support - Whether 'S'-deceased was able to speak coherently is a matter which stands dealt with by PW7 Dr. - No hesitation in placing reliance on dying declaration Ext.96 - High Court held to be in error in discarding said dying.

Topic(s)-Murder - Dying declaration - Conviction