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Batcha @ Guramkonda Garika Prasad & ANR. Versus State of A.P.

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.

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