PURAN RAI Vs. STATE OF U P

JUDGEMENT

(1.) KRISHNA Kumar, J. Heard Sri P. K. Pandey, learned Counsel for the revisionists as well as Sri A. K. Sachan and Sri VC. Katiyar, learned Counsel for the respondents.

(2.) THIS is a revision against the acquit tal passed by the 11nd Additional Sessions Judge, Rampur vide order dated 17-12-1997. Learned Counsel for the revisionist contended that in this case there is dying declaration and still the learned lower Court acquitted the accused before dis cussing the merits, it is stated that dying declaration itself is not sufficient for con viction. It is fact that sufficient weight must be given to the dying declaration consider ing the facts that a person at the time of death will not tell a lie. However, when it is clear that dying declaration was not cor rect on facts, no reliance can be placed on such dying declaration.

(3.) CONSIDERING all the facts, it is clear that the learned lower Court committed no illegality in acquitting the accused per son and there is no force in the revision. It is hereby dismissed. Revision dismissed. .