Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | bum injuries dying declarations |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 - ss. 498A and 302 rlw s. 34 - Marriedwoman died due to bum injuries - Deceased gave three dyingdeclarations (Ex.P.12, Ex.P.22 and Ex.P.29) - Three accusedviz. the deceased's husband, his mother and another woman('L? with whom the deceased's husband allegedly had illicitrelations - Trial court convicted appellant-husband and 'L' u/ss.498A and 302 r/w 34 - High Court confirmed the convictionof appellant-husband but acquitted 'L' - Held: Comparison ofthe three dying declarations show glaring contradictions - Inthe first dying declaration (Ex.P.12) the deceased stated thather husband instigated her to pour kerosene on her body,therefore, she poured the kerosene on her body and herhusband further poured kerosene on her and put on fire usinga match box - In the second dying declaration (Ex.P.22), thedeceased stated that her husband along with 'L' pouredkerosene on her body and put on fire by using match stick -In the third dying declaration (Ex.P.29), the deceased statedthat her husband poured kerosene on her and 'L' lit the matchstick and thrown upon her body - Apart from the contradictions,credibility of the three dying declarations also doubtful - In thefirst dying declaration (Ex.P.12), thumb impression of victimhas been shown whereas in the second dying declaration(Ex.P.22) given on the same day and the third dyingdeclaration (Ex.P.29) given on the next day, the victim statedthat she had not given her signatures since her hand wascompletely burnt - Prosecution also failed to state as to why the three dying declarations were recorded in Kannada, if thedeceased was talking in Telugu - Not clear as to who amongstthe Tehisldar, PSI or SI or the Doctors who signed in Ex.P. 12,Ex.P.22 and Ex.P.29 had knowledge of Telugu and translatedthe same in Kannada for writing dying declarations in thoseexhibits -Doubt as to truthfulness of the contents of the dyingdeclarations as possibility of the deceased being influencedby somebody in making the dying declarations not ruled out- Prosecution did not establish its case beyond reasonabledoubt - Hence, conviction of appellant set aside. |
Judge | Hon'ble Mr. Justice S.J. Mukhopadhaya |
Neutral Citation | 2013 INSC 430 |
Petitioner | Kashi Vishwanath |
Respondent | State Of Karnataka |
SCR | [2013] 10 S.C.R. 627 |
Judgement Date | 2013-07-03 |
Case Number | 175 |
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