NDLI: Madan @ Madhu Patekar Vs. The State of Maharashtra

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1860: s.302 Penal Code
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Evidence Act, 1872 (1 of 1872) Indian Penal Code (45 of 1860)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Penal Code, 1860: s.302 – Unnatural death by burn injuries – Prosecution case was that the appellant-accused poured kerosene on the victim-deceased and burnt her alive – Trial court convicted appellant under s.302 on the basis of dying declarations of the victim – High Court upheld the conviction – On appeal, held: Courts below arrived at concurrent findings after thoroughly assessing the circumstances and facts – The dying declaration of the deceased was recorded by the Special Executive Magistrate after obtaining the fitness condition of the victim by the duty Medical Officer who issued the fitness certificate after examining the patient – There is no suspicion over the genuineness of the dying declaration as the deceased described the incident and declared the name of the accused to be the culprit in clear and categorical terms – In that view of the matter, the dying declaration of the deceased can form the sole basis for conviction of the accused-appellant – Court below took the plausible view that the guilt of the accused was proved beyond reasonable doubt as the dying declarations did not suffer from any infirmity and inspired confidence – Thus, case for interference with the order of conviction not made out – Evidence Act, 1872 – s.32. Dying declaration: Considerations that make dying declaration dangerous kind of evidence – Discussed – Cautious approach of Court to rely on dying declaration – Dying declaration cannot form the sole basis for conviction unless it is corroborated – The courts must be cautious and must rely on the same only if it inspires confidence in the mind of the Court – If the dying declaration creates any suspicion in the mind of Court as to its correctness and genuineness, it should not be acted upon without corroborative evidence. Appeal: Special leave petition – Reopening of concurrent finding of fact, when permissible – Discussed.
Judge	Honble Mr. Justice N.V. Ramana
Neutral Citation	2018 INSC 104
Petitioner	Madan @ Madhu Patekar
Respondent	The State Of Maharashtra
SCR	[2018] 4 S.C.R. 1003
Judgement Date	2018-02-06
Case Number	1025

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