Muralidhar @ Gidda & Anr. … Appellants
Versus
State of Karnataka … Respondent
WITH
CRIMINAL APPEAL NO.791 OF 2011
AND
CRIMINAL APPEAL NO.1081 OF 2011
The judgement dated 21.10.2010 of the Karnataka high court was dismissed by the Supreme court of India and the Judgement dated 28.09.2004 passed by the trial court of Mandya was restored. This was because the trial court gave judgement of quittance of the accused(s) on the basis of lack of evidence, 3 witnesses turning hostile to the prosecution and the name of two accused written with the different ink. Although the High court held that dying declaration is a reasonable evidence and shall be taken into account hence the accused shall be punished. The Supreme court on the basis of doubts that dying declaration was narrated to the doctor by someone else and the ink is different in the investigating officer’s report for two accused restored the order of the trial court….read more