Supreme Court of India File Photo
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‘Dying declaration will prevail over probe mismatch’

A mere discrepancy in the investigation officer’s statements would not discredit the dying declaration when the doctor has approved the deceased’s fit state of mind to give statements, the court said.

Express News Service

NEW DELHI: The Supreme Court has upheld the conviction of a man for murdering his wife based on her dying declaration.

A mere discrepancy in the investigation officer’s (IOs’) statements would not discredit the dying declaration when the doctor has approved the deceased’s fit state of mind to give statements, the court noted.

A bench of Justices Pankaj Mithal and SVN Bhatti dismissed the husband’s appeal, upholding the Karnataka HC’s judgement to convict him for murder and cruelty.

On the fateful night, a quarrel started between the couple, leading to the setting ablaze of the woman by the husband. The deceased was taken to the hospital. After the doctor approved the wife’s fit state of mind, her dying declaration was duly recorded by the IO.

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