Supreme Court of India
Surendra Nath Mohton vs State Of Bihar on 28 February, 1979
Equivalent citations: AIR1979SC1497, 1979CRILJ1129, (1979)3SCC457, 1979(11)UJ438(SC), AIR 1979 SUPREME COURT 1497, 1979 SCC(CRI) 653, 1979 UJ (SC) 438, 1979 CRILR(SC&MP) 323, 1979 (3) SCC 457, (1979) BLJ 518
Author: S. Murtaza Fazal Ali
Bench: Syed M. Fazal Ali, A.D. Koshal
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.