Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Death of a married woman by burns INDIAN PENAL CODE |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | PENAL CODE: s.302 - Death of a married woman by burns - Dying declaration - Relatives of husband of deceased convicted and sentenced - Plea of alibi of two of the appellants not accepted by courts below - Held: Testimony of alibi witnesses of two of the four appellants deserves acceptance - Further, the evidence of defence witness that the door of the room of the deceased was locked from inside and when he broke open it, he saw the deceased on fire, cannot be glossed over - Thus, it is not possible to discount the theory of suicide - Besides, with everybody being roped in for every event, it is not possible in this case to segregate or sever the actions of one from another - The two appellant setting up the plea of alibi are not found guilty of murder of deceased and are acquitted - The remaining two appellants are given benefit of doubt - Evidence - Plea of alibi - Severability of dying declaration.EVIDENCE: Plea of alibi - Held: Alibi witnesses have made out a strong case of demonstrating the improbability of the two appellants being involved in the incident of beating up the deceased and stopping her from going to police station the previous day and setting her on fire in the, morning of the day of occurrence - Courts below proceeded on the basis that these two accused are required to prove their innocence -- It is for the prosecution to prove the guilt of accused - defence evidence has to be tested like any other testimony, always keeping in mind that a person is presumed innocent until he or she is found guilty. Dying declaration - Evidentiary value of - Explained. Dying declaration - Severability of - Held: Role of two sets of accused can be segregated, if dying declaration is severable - In the instant case, role of accused persons cannot be segregated as it mentions all accused persons to have been involved in all events - Deceased has referred to all of them as being involved in every incident - Alibi witnesses have made out a strong improbability for two of the appellants to have participated in the incidents - Further, if somewhat different roles were assigned to at least some of the accused persons, segregation or severance could have been possible - But with everybody being roped in for every event, it is not possible to segregate or sever the actions of one from another. |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2014 INSC 184 |
Petitioner | Jumni And Others |
Respondent | State Of Haryana |
SCR | [2014] 3 S.C.R. 673 |
Judgement Date | 2014-03-12 |
Case Number | 1159 |
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