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Samadhan Dhudaka Koli vs State Of Maharashtra on 18 December, 2008

In Samadhan Dhudaka Koli Vs. State of Maharashtra (2009 All MR (Cri.) 229 (.S.C.), the Supreme Court of India had an occasion to consider the effect of suppression of a dying declaration. In that case, the declarant had initially made a statement that she had suffered burn injuries by reason of accident. This statement was recorded by a Judicial Magistrate. The said dying declaration was however, suppressed by the prosecution and the accused were being prosecuted on the basis of another dying declaration, in which the declarant had implicated them. The dying declaration, which gave a history of accidental burns, was suppressed by the prosecution. The appellant before the Supreme Court - the husband of the victim in that case, had been convicted on the basis of the dying declaration implicating him. Their Lordships of the Supreme Court did not approve this and observed as follows:-
Supreme Court of India Cites 7 - Cited by 47 - S B Sinha - Full Document
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