Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | dying declaration causing death by fire s. 302 304-B r/w. s.34 IPC 498-A |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Dowry Prohibition Act, 1961 (28 of 1961) Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 – ss.302 r/w. 34, 498-A, 304-B r/w. s.34 – Prosecution case that appellant-accused (husband of victim deceased) poured kerosene on the victim and lit fire and ran away from the spot – Consequent to which, victim sustained grievous burnt injuries and later died in the hospital – Dying declaration of the victim was recorded by the Metropolitan Magistrate – In dying declaration victim categorically stated that appellant-accused burnt her – Police filed charge sheet against the three accused persons including appellant-accused for the offences punishable u/ss. 498- A, 304-B, 302 r/w. s.34 of IPC and ss.3, 4 & 6 of the Dowry Prohibition Act – Trial court acquitted all the accused – However, the High Court set aside the order of acquittal of the appellant accused and held him guilty – On appeal, held: In the instant case, there was a dying declaration given by the victim which was proved and supported by the independent witnesses i.e. the metropolitan magistrate and the medical officer – But the same was discarded by the trial court on some minor contradictions/omissions – On re-appreciation of the entire evidence, it was found that the approach of the trial court was patently erroneous and the conclusions arrived at by it were wholly untenable – Trial court committed a patent error in discarding the dying declaration and other material evidence – Therefore, the interference by the High Court in the appeal against the acquittal of the appellant was justified – Dowry Prohibition Act, 1961 – ss.3, 4 and 6. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2019 INSC 509 |
Petitioner | Vijay Mohan Singh |
Respondent | State Of Karnataka |
SCR | [2019] 6 S.C.R. 994 |
Judgement Date | 2019-04-10 |
Case Number | 1656 |
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