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Abhishek Sharma vs. State (Govt. of NCT of Delhi) (SC)

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Penal Code, 1860–Sec. 302–Evidence Act, 1872–Sec. 32–Four dying declarations–Reliability of prosecution case–First and fourth dying declarations must be entirely ruled out on the grounds of a degree of hearsay and that of an interested witness with no corroboration–Suspicion of interpolation and subsequent insertion of the first name of appellant-convict has not sufficiently dispelled in the second dying declaration–In third dying declaration, there is no discussion about the mental state of deceased and treatment given to her–Same is without corroboration–Inconsistenceis in the statements of witnesses –Deceased was in the position to speak up until six days prior to her death but neither her statement was recorded in the presence of Magistrate nor her fitness to give the statement was ascertained–No other evidence to show the guilt of appellant–Appellant is entitled to be acquitted.