Supreme Court of India
Batch @ Guramkonda Garika Prasad & Anr vs State Of A.P on 10 August, 2011
Equivalent citations: 2012 AIR SCW 3559, 2012 (12) SCC 749, 2012 CRI. L. J. 3396, AIR 2012 SC (CRIMINAL) 12121, AIR 2012 SC (SUPP) 439, 2012 ALLMR(CRI) 3783, (2012) 2 ALD(CRL) 674
Bench: Harjit Singh Bedi, Gyan Sudha Misra
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 954 OF 2007
BATCHA @ GURAMKONDA
GARIKA PRASAD & ANR. ..... APPELLANT
VERSUS
STATE OF A.P. ..... RESPONDENT
O R D E R
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.
..................J [HARJIT SINGH BEDI] ..................J [GYAN SUDHA MISRA] NEW DELHI AUGUST 10, 2011.