Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | dying declaration Married woman died |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 - ss. 498A, 302 and 304 Part fl - Married woman died in hospital due to burn injuries - Deceased gave dying declaration implicating husband appellant to police official, PW5, which was endorsed by the attending doctor, PW4 - Appellant charge-sheeted - But acquitted by trial court- Conviction of appellant by High Court u/s. 304-11 /PC - Justification - Held: Evidence of PW-4 establishes to the hilt that deceased was in a fit mental condition to make statement in which she implicated the appellant - PW4 stated that he made endorsement on the deceased's statement recorded by PW-5 - PW-5 corroborated PW-4 - Both these witnesses were truthful and the trial court erred in rejecting their evidence - There was motive too - Appellant wanted the property standing in the name of the deceased to be transferred to his name, which the deceased was not prepared to do - Besides, the conduct of appellant speaks volumes - He was absconding and could be arrested only much later - Moreover, in his statement recorded u/s.313 CrPC he did not explain how the deceased received burn injuries - His silence on this aspect gives rise F to an adverse inference against him - It forms a link in the chain of circumstances which point to his guilt - When there is overwhelming evidence on record to establish that kerosene was poured on deceased and she was set on fire, it is absurd to argue that the prosecution case should be disbelieved because it is not mentioned ,in certain documents that kerosene smell was emanating from her body - Further, there was no delay in recording the FIR - Similarly, there was no unexplained delay in forwarding FIR to the Magistrate - High Court perfectly justified in interfering with the trial court's order - Acquittal of appellant was wrongly recorded - Dowry Prohibition Act, 1961 - ss. 3 and 6. |
Judge | Hon'ble Ms. Justice Ranjana Prakash Desai |
Neutral Citation | 2013 INSC 753 |
Petitioner | Anjanappa |
Respondent | State Of Karnataka |
SCR | [2013] 14 S.C.R. 803 |
Judgement Date | 2013-11-12 |
Case Number | 1223 |
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