VidhiSangh

Supreme Court of India · 10/10/2018

PRADEEP BISOI @ RANJIT BISOI versus THE STATE OF ODISHA

[2018] 12 S.C.R. 947 · 2018 INSC 950

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Summary

The Supreme Court upheld the conviction under section 304 Part II IPC and five-year rigorous imprisonment. The victim’s statement recorded by the investigating officer was admissible as a dying declaration because it concerned the injuries and transaction causing his subsequent death. Survival for more than three months did not disqualify it. The statement was corroborated by the injuries and other evidence, and the cited medical-certification precedent did not support exclusion. The appeal was dismissed.

Issues

  1. Whether the victim’s police statement could be used as a dying declaration after his later death.
  2. Whether the delay before death or circumstances of recording undermined its admissibility or reliability.

Provisions considered

Held

Result

Appeal dismissed; conviction under section 304 Part II IPC and sentence of five years’ rigorous imprisonment upheld.

Judgment PDF: Supreme Court of India, [2018] 12 S.C.R. 947.