Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Correctness of dying declaration Consistent and credible dying declaration Section 32(1) of Evidence Act 1872 Evidence Voluntary dying declaration Dying declaration Dying declaration as sole basis of conviction |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) Indian Evidence Act, 1872 (1 of 1872) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | By the judgment and order dated 15.11.2010, the High Court relied upon the written dying declaration of the deceased Ex. 59 recorded by PW-6 and also the oral dying declarations of the deceased made before PW-2, PW-3, PW-4, PW-7 and PW-8 and thereafter upheld the judgment of conviction of the trial court. The appellant was convicted for committing an offence punishable u/s. 302 r/w. s.34 of the IPC and sentenced to suffer life imprisonment. Whether the dying declaration (Ex.59), in the instant case, was the valid piece of evidence. Headnotes Evidence Act, 1872 – s.32(1) – Dying Declaration – Conviction under – Prosecution case that victim was confined at her house and assualted – It was alleged that appellant-husband and brother-in-law of victim tied her legs with a towel and her hands with a gamcha – The husband poured kerosene all over her body and set her ablaze – Hearing her scream, people gathered outside her house and extinguished flames – Thereafter, she was taken to hospital and after few days she died – However, she gave a dying declaration (Ex.59) and clearly stated about the role played by her husband and brother-in-law – The trial Court convicted appellant-husband u/ss. 302 r/w. s.34 of IPC – The said conviction was upheld by the High Court. |
Judge | Hon'ble Mr. Justice Ujjal Bhuyan |
Neutral Citation | 2024 INSC 422 |
Petitioner | Rajendra S/o Ramdas Kolhe |
Respondent | State Of Maharashtra |
SCR | [2024] 6 S.C.R. 740 |
Judgement Date | 2024-05-15 |
Case Number | 2281 |
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