Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Evidence Act 1872 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Evidence Act, 1872-Section 32(1)-Dying Declaration-Recording of in translated form-Statement being recorded by Munsif Magistrate in the presence of a doctor who translated the questions put by the Magistrate into Hindi and translated the answers given by deceased into English-Statement being so recorded was read over and explained to deceased by the doctor which she admitted to be true and correct-Admissibility of-Held, the dying declaration was recorded fairly and correctly, and there was no infirmity therein-What was necessary in such situation was working knowledge in Hindi-Munsif Magistrate and the doctor may not be able to speak or write chaste Hindi but evidently they understood the statement of the deceased in Hindi. Evidence-Appreciation of - Bride burning-Sister-in-law and mother-in-law setting the bride afire- Contention that the deceased suffered injury as a result of an accident and there being an endorsement to that effect-Held, the likelihood of such a statement having been recorded at the instance of accused-appellant cannot be ruled out-Had it been a case of suicide and not homicide, deceased would not have rushed out of the door with flames on her person-Record showing only the neighbours coming to her rescue and putting out the fire-Accused not making any attempt to save the deceased although they were present at the scene of occurrence-No infirmity found in the conviction of the accused-Penal Code, S. 302.Penal Code, 1860-Sections 299, Explanation 2; 302; 304, Part I; 307; 498A-A woman set on fire by her sister-in-law and mother-in-law resulting in her death-Conviction by Trial Court under Section 302-High Court altering the conviction and sentence to Section 304 Part II on the ground that it was possible that the deceased might have died due to untime and improper medicines given by doctors in the hospital in the absence of any explanation that the deceased was treated by an able doctor during her stay in the hospital-Held such an approach is wholly unwarranted being contrary to Explanation 2 appended to Section 299-Such findings of High Court being based on surmises and conjectures and not on any materials on record-However, in the absence of any appeal by State, the same not interfered with-Practice and Procedure. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2004 INSC 51 |
Petitioner | B. Shashikala |
Respondent | State Of Andhra Pradesh |
SCR | [2004] 1 S.C.R. 940 |
Judgement Date | 2004-01-22 |
Case Number | 985 |
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