IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 954 OF 2007
BATCHA @ GURAMKONDA
GARIKA PRASAD & ANR.APPELLANT
VERSUS
STATE OF A.P.RESPONDENT
O R D E R
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.