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Subash vs. State of Haryana (SC)

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Penal Code, 1860–Sec. 306 & 498-A–Conviction–Sustainability–Conviction based on the ground of dying declaration and oral testimony of prosecution witnesses–Glaring omission in the statements of brother and father of deceased in regard to cruelty committed with deceased–Dying declaration was recorded at the instance of the father of deceased–Endorsement of fit mental state was recorded after recording dying declaration–Held, conviction is liable to be set aside.