Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: s. 306 - Abetment of suicide 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: s. 306 - Abetment of suicide - Conviction and sentence under - Correctness of - On facts, accused after acquittal in a case u/ss. 363, 366 and 376 IPC, used to threaten the informant's daughter that he would kidnap her and had be_en constantly teasing her - Girl committed suicide by setting herself ablaze - Recording of victim's dying declaration by Head Constable and thereafter; victim succumbed to her injuries - Acquittal by the trial court, however, the High Court convicted the accused u/s. 306 and sentenced accordingly - Held: Certificate of fitness is not the requirement of law, thus, in absence of the same, there was no reason to disregard the dying declaration - Head Constable recorded dying declaration as narrated by the deceased and the deceased wrote that accused alone was responsible for her death - Same was recorded in presence of the doctor who had appended his signature - Trial court was swayed away by the burn injuries, whereas there cannot be ar. absolute rule that a person who suffered 80% burn injuries cannot give a dying declaration - Further, the dying declaration F was corroborated by other witnesses - Testimony of the parents in entirety, was unimpeachable and deserve credence - Accused had by his active acts and by his continuous course of conduct created such a situation which compelled the girl to commit suicide - No material found that the victim was hypersensitive - Accused played active role in tarnishing the self-esteem and self-respect of the victim which drove her to commit suicide - Thus, the High Court was correct in reversing the acquittal and sentencing accordingly~- Evidence - Dying declaration. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2017 INSC 415 |
Petitioner | Pawan Kumar |
Respondent | State Of H.p. |
SCR | [2017] 3 S.C.R. 458 |
Judgement Date | 2017-04-28 |
Case Number | 775 |
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