Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860 - s. 302 - Murder 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. 302 — Murder — By setting the deceased on fire — Circumstantial evidence — Conviction under, by Courts below relying on the dying declaration - On appeal, held: Conviction was justified — Truthfulness of the dying declaration cannot be doubted — It was within special knowledge of the accused as to how the deceased came to the premises of her house and how he got burnt -Thus, the burden to prove those facts is upon the accused u/s.106 of Evidence Act — The failure of the accused to discharge the burden cast upon her u/s. 106, provides an additional link in the chain of circumstances proved against her - When the facts are clear, absence of motive to kill is inconsequential and does not break the chain of circumstances — Evidence Act, 1872 — s.106 — Dying Declaration — Motive — Evidence — Circumstantial Evidence.Dismissing the appeal, the CourtHELD : 1.1. If the truthfulness or otherwise of the dying declaration cannot be doubted, the same alone can form the basis of conviction of an accused and the same does not require any corroboration, whatsoever in law. {Para 10] [1064-G] Ravi & Anr. v State of T.N. 2004 (10) SCC 776; Mafabhai NagarbhaiRaval v. State of Gujarat (1992) 4 SCC 69 — relied on. |
Judge | Hon'ble Mr. Justice Pinaki Chandra Ghose |
Neutral Citation | 2015 INSC 105 |
Petitioner | Dasin Bai@ Shanti Bai |
Respondent | State Of Chhattisgarh |
SCR | [2015] 1 S.C.R. 1060 |
Judgement Date | 2015-02-11 |
Case Number | 827 |
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