Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | s. 302-Accused causing death of his wife by pouring kerosene c and setting her afire |
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: s. 302 - Accused causing death of his wife by pouring kerosene and setting her afire - Absconding for about a month - Two dying declarations of deceased implicating her husband - Conviction by trial court - Affirmed by High Court - HELD: Conviction can be based on dying declaration alone, subject to the satisfaction of the court that the same is trust worthy - Nothing has been brought on record to show that death was a result of accident - Plea of accused that there was no intention on his part to cause the death cannot be accepted - Evidence - Dying declaration.The appellant was prosecuted for causing death of his wife by setting her afire. The prosecution case was that the appellant was unemployed; he was said to be addicted to liquor and used to illtreat his wife who was working as a labourer. On the fateful day, while appellant's wife was serving food to him at about 9 P.M., he took out kerosene from the lamp, poured it on her and set her ablaze. He, thereafter, fled away. On hearing the cries the neighbours came and extinguished the fire. Somebody informed her uncle who visited her the following morning and took her to the hospital. In the hospital, two dying declarations were recorded: first by the Head Constable (PW-6) and the second by the Special Judicial Magistrate (PW-8). The victim died about 15 days after the incident. The appellant was absconding and he surrendered after about a month. Before the trial court, the son of the deceased (PW-2) was examined by the prosecution to prove the commission of offence, but he turned hostile. The trial court, however, on the basis of the two dying declarations, convicted the accused of the offence and sentenced him to imprisonment for life. The High Court dismissed the appeal.In the instant appeal, it was contended for the accused-appellant that with regard to the dying declarations, no certificate was obtained as to the mental condition of the victim to make the statement; that the first dying declaration having been recorded in Marathi and the mother tongue of the deceased being Hindi, it created a doubt as to whether the deceased understood the implication of the statement made by her; and that PW-2, the only eye witness, did not support the prosecution case. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 982 |
Petitioner | Amarsingh Munnasingh Suryawanshi |
Respondent | State Of Maharashtra |
SCR | [2007] 11 S.C.R. 1 |
Judgement Date | 2007-09-27 |
Case Number | 97 |
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