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 | Others |
Headnote | Penal Code, 1860 — s. 302 — Murder — Husband suspected wife of infidelity, assaulted her and further set her on fire by pouring kerosene over her person — Wife suffered 60% burn injuries and later succumbed to her injuries — Her dying declaration was recorded — On the basis of the dying declaration and the oral evidence of the prosecution witnesses, order of conviction and sentence of the husband u/s. 302 by courts below — interference with — Heid: Not called for - Concurrent findings of facis recorded by the courts below based on evidence — There being clear evidence as to the act of the accused to set the wife on fire, absence of pre-meditation would not reduce the offence of murder to culpable homicide not amounting to murder — Subsequent pouring of water by the husband would not mitigate the offence of murder — Act of pouring kerosene though in a spur of moment, followed by lighting a match stick, throwing it and thereby setting her ablaze are intimately connected with each other and resulted in causing the death. Crime against women — Bride burning cases — Duty of the court — Held: Whenever the guilt of the accused is brought home beyond reasonable doubt, the Court to deal with it sternly and award maximum penalty prescribed by |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2015 INSC 990 |
Petitioner | Santosh S/o Shankar Pawar |
Respondent | State Of Maharashtra |
SCR | [2015] 4 S.C.R. 962 |
Judgement Date | 2015-04-21 |
Case Number | 683 |
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