Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860: s.3048 |
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.3048 - Interpretation of - Held: The use of word 'shown' instead of 'proved' in s.3048 indicates that the onus cast on the prosecution would stand satisfied on the anvil of a mere preponderance of probability - Thereafter, D the word 'deemed' used in that Section is to be read down to require an accused to prove his innocence, but beyond reasonable doubt. s.3048 - Dowry death - Conviction of husband and E brothers-in-law and sister-in-law on the ground that prosecution proved that due to non-fulfil/ment of demand of dowry the deceased was harassed, tortured and treated with cruelty- Defence challenged conviction by relying .on the exculpatory dying declaration - Held: Since the burden F of proving innocence beyond reasonable doubt shifted to the accused, it was imperative for the defence to prove the sequence of events which led to the recording of the alleged dying declaration by the Tehsi/dar - Neither the Doctor who certified that the deceased was in a fit G condition to make a statement nor the Tehsildar who wrote down the alleged Dying Declaration stated the circumstances in which the Dying declaration was recorded Dying Declaration had mysteriously popped up and was referred to at the time of consideration of bail application- The alleged exculpating Dying Declaration was,therefore, shrouded in suspicion - Defence having failedto give credible version of their innocence, interference withthe order of conviction not called for.Criminal law: Dying declaration - Concept Proofof its authenticity - Procedure to be followed when aperson is brought to the hospital in serious injuredC condition - Discussed. |
Judge | Hon'ble Mr. Justice Vikramajit Sen |
Neutral Citation | 2015 INSC 175 |
Petitioner | Ramakant Mishra @ Lalu Etc. |
Respondent | State Of U.p. & Ors. |
SCR | [2015] 2 S.C.R. 961 |
Judgement Date | 2015-02-27 |
Case Number | 1279-1281 |
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