Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Evidence Act 1872 – s.32 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
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 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Evidence Act, 1872 – s.32 – Dying declaration – Appreciation of – Dying declaration recorded by the Magistrate in which deceased specifically stated that due to feud over demand of money, respondents-accused burnt her after pouring kerosene over her – On facts, no reason to doubt the dying declaration recorded by the magistrate – Statements in the dying declaration consistent with medical evidence inasmuch as there were no injuries on the chest and injuries were found only on the head and backside – Such injuries on the head and backside could have been possible only if somebody have poured kerosene on the deceased from behind – Evidentiary value of the dying declaration further enhanced by certificate by physician who treated the deceased prior to her death that at the time of making statements she was fully conscious – High Court erred in acquitting the accused – Penal Code, 1860 – s.302 r/w. s.34. Evidence – Dying declaration – Evidentiary Value- There can be conviction solely based upon the dying declaration without corroboration. |
Judge | Hon'ble Mr. Justice Mukeshkumar Rasikbhai Shah |
Neutral Citation | 2022 INSC 133 |
Petitioner | State Of U.p. |
Respondent | Veerpal & Anr. |
SCR | [2022] 1 S.C.R. 1163 |
Judgement Date | 2022-02-01 |
Case Number | 34 |
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