Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860-ss. 299 Exception 2 and 302 Penal Code |
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. 299 Exception 2 and 302 - Murder - Circumstantial evidence - Four Dying declarations - Death of the victim one day after discharge from the hospital - Plea that s. 302 not attracted as the case was of medical negligence - Conviction by courts below - On appeal, held: Dying Declarations were sufficient to fasten the guilt of the accused - In view of Exception 2 to s. 299 conviction u/s 302 justified.Appellant-accused was prosecuted for having caused death of his wife. Prosecution case was that the relations between the couple were strained and the victim (wife) was living away from the husband, with her three children, in another village. On the day of the incident, the accused was at the house of the victim. Quarrel had started between them, when their daughter (PW5) was to proceed to school. When PW-5 returned from school for some work, at home, she found her mother in injured condition. Her mother told her that she was assaulted by the accused. PW5 informed about the incident to her maternal uncle (PW2) who took her to Primary Health Centre. There, Medical Officer (PW4) recorded the history of the case from the victim. PW2 also reported the case to Police and case u/s 307 IPC was registered. Thereafter she was taken to a private medical practitioner (PW6) who in the presence of Police Inspector, recorded statement of the victim. After treatment she was discharged as a cured patient. However, one day after the discharge, she died. The case was converted to one under Section 302 IPC. Trial Court convicted the accused u/s. 302 IPC. High Court confirmed the conviction.In appeal, the appellant contended that Dying Declaration was not reliable; and that Section 302 has no application as the deceased could have survived with proper medical care. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 1143 |
Petitioner | Antram |
Respondent | State Of Maharashtra |
SCR | [2007] 11 S.C.R. 980 |
Judgement Date | 2007-11-12 |
Case Number | 1529 |
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