Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860: s.302 - Deceased died of burn injuries - Dying declaration that husband poured kerosene oil and lit the fire - Conviction by trial court - Set aside by High Court - On appeal, held: judgment of conviction can be recorded on basis of dying declaration alone subject to satisfaction of court that same was true and voluntary - For ascertaining same, court to look at the circumstances - Husband was alone with deceased when incident took place - After incident he was not found - It was for him to show as to how death of deceased took place - In the absence of sufficient and cogent explanations in that behalf, trial court correctly considered same as circumstances against him - Evidence Act, 1872-s.32. Evidence Act, 1872: s.32 - Dying declaration - Made in presence of doctor PW-10 and IO - Doctor attested thumb impression as also statement of deceased before IO - Conviction by trial court by placing reliance on dying declaration - Acquittal by High Court on the ground that no-statement made by doctor that deceased was in fit state of mind to make statement - Correctness of - Held: Not correct - By attesting statement of deceased, doctor meant that statement was made before 10 in his presence and same was correctly recorded by him - Penal Code, 1860 - s.302.Prosecution case was that the wife of appellant had received serious burn injuries. On receipt of the information, Head Constable PW-6 reached the spot and took her to the hospital. PW-6 recorded her statement which was treated as dying declaration wherein she disclosed that she was burnt by her husband. PW-9, SHO also recorded the statement of the deceased on 8.6.1995. Deceased died on 19.6.1995. Trial Judge relying on the dying declarations, held the respondent guilty of commission of offence u/s. 302 IPC. On appeal, High Court recorded judgment of acquittal holding that no reliance could be placed on the dying declarations as no statement had been made by P.W.10-Dr. 'A' that the deceased was in a fit state of mind to make a statement before the Investigating Officer P.W.6. Hence the present appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 913 |
Petitioner | Stte Of Rajasthan |
Respondent | Parthu |
SCR | [2007] 9 S.C.R. 932 |
Judgement Date | 2007-09-13 |
Case Number | 325 |
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