Supreme Court of India Judgements

47250 Judgements hosted as on 14/05/2026 - Search (FREE), Subscribe, Read & Download

Category: Dying Declaration

Dying Declaration

Criminal Law — Dying Declarations — Legal position is that a truthful and voluntary dying declaration, if reliable, can be the sole basis for conviction — In this case, dying declarations were found reliable and corroborated by surrounding circumstances and other witnesses — Defence argument about deceased’s unconsciousness rejected.

May 12, 2026 sclaw

2026 INSC 469 SUPREME COURT OF INDIA DIVISION BENCH MITESH @ T.V. VAGHELA Vs. THE STATE OF GUJARAT ( Before : Aravind Kumar and Prasanna B. Varale, JJ. ) Criminal…

Acquittal Dying Declaration

Criminal Law — Investigation — Overzealous or lethargic investigation can be fatal to prosecution — A proper investigation requires drawing up a scene mahazar, forensic examination, independent witnesses, and thorough examination of the cause of fire — The failure to do so, coupled with contradictory statements from the investigating officer and undue haste in recording statements, can render the investigation a sham and prejudice the accused — Acquittal upheld by the Supreme Court due to flawed investigation and lack of credible evidence.

Mar 14, 2026 sclaw

2026 INSC 223 SUPREME COURT OF INDIA DIVISION BENCH SANJAY KUMAR SHARMA Vs. STATE OF BIHAR AND OTHERS ( Before : Sanjay Kumar and K. Vinod Chandran, JJ. ) Criminal…

Dying Declaration I P C

Penal Code, 1860 (IPC) — Section 302 — Murder — Dying declaration — Admissibility and weight — A dying declaration can be the sole basis for conviction if it is voluntary, truthful, and reliable, even without corroboration. The court must scrutinize it carefully for tutoring or manipulation and consider the declarant’s opportunity to observe and identify the assailant and their fitness to make the statement.

Jan 18, 2026 sclaw

2026 INSC 57 SUPREME COURT OF INDIA DIVISION BENCH STATE OF HIMACHAL PRADESH Vs. CHAMAN LAL ( Before : B.V. Nagarathna and R. Mahadevan, JJ. ) Criminal Appeal No. 430…

Dying Declaration

The main legal issues are whether the dying declaration is reliable, voluntary and free from tutoring, and whether it can be the sole basis of conviction without any corroboration – The Supreme Court upheld the conviction of Pappi @ Mashkoor based on the dying declaration, which was found to be cogent, trustworthy and consistent – However, the Court acquitted ‘N1’ and ‘N2 as the dying declaration did not attribute any specific role to them.

Mar 9, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NAEEM — Appellant Vs. STATE OF UTTAR PRADESH — Respondent ( Before : B.R. Gavai and Sandeep Mehta, JJ. ) Criminal Appeal No. 1978…

Dying Declaration

Penal Code, 1860 (IPC) – Section 302 read with Section 34 – Murder – Dying declaration – There is no specific material piece of evidence to establish that the deceased was alive or in a position to speak when his brother & mother reached the spot – There is no material to corroborate the said dying declaration – Conviction and sentence is set-aside – Appeal allowed.

Jan 14, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JITENDRA KUMAR MISHRA @ JITTU — Appellant Vs. THE STATE OF MADHYA PRADESH — Respondent ( Before : Abhay S. Oka and Pankaj Mithal,…

Acquittal Dying Declaration

Penal Code, 1860 (IPC) – Evidence Act, 1972 – Section 32 – Murder by poisoning – Dying declaration – A statement made by a person who is dying is made exception to the rule of hearsay and has been made admissible in evidence under Section 32 of the Evidence Act, it would not be prudent to base conviction, relying upon such dying declaration alone – Conviction and sentence set-aside – Appeal allowed.

Nov 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HARIPRASAD @ KISHAN SAHU — Appellant Vs. STATE OF CHHATTISGARH — Respondent ( Before : Bela M. Trivedi and Dipankar Datta, JJ. ) Criminal…

Dying Declaration I P C

Murder of wife – First Information Report and the dying declarations on record clearly contain the statement of the deceased that when she had poured kerosene upon herself to deter the appellant from fighting and assaulting, he lighted a matchstick and with the intention to kill her, threw it upon her by saying “You Die” – Conviction and Sentence upheld.

Nov 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ANIL KUMAR — Appellant Vs. THE STATE OF KERALA — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ. ) Criminal Appeal…

Acquittal Dying Declaration

There is no hard and fast rule for determining when a dying declaration should be accepted; the duty of the Court is to decide this question in the facts and surrounding circumstances of the case and be fully convinced of the truthfulness of the same – although the accused has been named in the two dying declarations as a person who set the room on fire yet the surrounding circumstances render such statement of the declarants very doubtful – Appellant directed to be released – Appeal allowed.

Aug 27, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH IRFAN @ NAKA — Appellant Vs. THE STATE OF UTTAR PRADESH — Respondent ( Before : B.R. Gavai, J.B. Pardiwala and Prashant Kumar Mishra,…

You missed

Direct Taxation Income Tax Act

Income Tax Act, 1961 — Section 147 and 148 — Reopening of assessment — Validity — Tangible material — Change of opinion — Assessing Officer has no power to review an assessment; reassessment must be based on tangible material, not a mere change of opinion — The discovery of fresh information during a survey, which reveals the true nature of a transaction and suggests income has escaped assessment, can form the basis for reopening an assessment, even if certain disclosures were made during the original assessment.

May 14, 2026 sclaw
Matrimonial

Wife’s pursuit of professional career and desire to provide safe environment for child are not grounds for cruelty or desertion. -Family Law — Divorce — Grounds — Cruelty and Desertion — Wife’s pursuit of professional career and desire to provide safe environment for child are not grounds for cruelty or desertion.

May 14, 2026 sclaw
Constitution Education

Constitution of India, 1950 — Article 19(1)(a) and Article 21A — Right to education — Medium of instruction — Freedom of speech and expression includes the right to receive information in a comprehensible manner — Education must be imparted in a language that the child understands best — Right to primary education in a language of choice is part of freedom of speech and expression — State cannot impose controls on such choice.

May 14, 2026 sclaw
Accident

Motor Vehicles Act, 1988 — Compensation — Enhancement — Deceased was an engineering student with good academic record and potential future earnings — High Court enhanced compensation but it was found to be on the lower side — The Supreme Court assessed the monthly income at Rs. 12,000/-, added 40% for future prospects, deducted half for personal expenses, and applied a multiplier of 18 — Compensation under conventional heads was also enhanced — The motorcycle damage was awarded as per the surveyor’s report.

May 14, 2026 sclaw