IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 954 OF 2007
BATCHA @ GURAMKONDA
GARIKA PRASAD & ANR.
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APPELLANT
VERSUS
STATE OF A.P.
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RESPONDENT
ORDER We have heard the learned counsel for the parties.
We are told by the learned counsel for the appellants that appellant No. 2 Gurramkonda Hari has passed away on 25th November, 2008. The appeal qua appellant No. 2 is, accordingly, dismissed as having abated.
We see that the prosecution story is based on two dying declarations given by the deceased, one recorded by a Sub Inspector and the other by a Magistrate and that both the dying declarations had been recorded after the doctor had certified that the injured was in a fit condition to make her statement.
In the light of this fact, no other evidence was necessary to maintain the conviction of the appellant. We, accordingly, dismiss the appeal.
..................J
[HARJIT SINGH BEDI]
..................J [GYAN SUDHA MISRA] NEW DELHI AUGUST 10, 2011.