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Mangilal & Anr. vs. State of Rajasthan


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Penal Code, 1860–Sec. 302–Evidence Act, 1872–Sec. 32–Conviction–Sustainability–No eye witness of incident–Conviction is based solely on the dying declaration of deceased–Independent witnesses residing in the neighbourhood
of deceased did not support the case of prosecution–Relationship between the deceased and accuseds was strained–No satisfactory explanation as regard to this fact as to why the statement of deceased was not recorded when she was talking with her relatives–Police found the case of offence u/s. 306 and presence of appellants at the spot of incident was ruled
out–Held, dying declaration is not believable and appellants are entitled to be acquitted.