Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: ss.302 and 498-A r/w s. 34 PENAL CODE |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | PENAL CODE, 1860: ss.302 and 498-A r/w s. 34 - Death of wife of appellant with bum injuries - Appellant arid his father, drunk, asking the victim to bring money from her parental house - On refusal she was given severe beatings - Kerosene poured on her and appellant setting her on fire - Dying declarations - Conviction by courts below and sentence of life imprisonment - Held: Conviction was recorded on the basis of dying declarations recorded by Head Constable and Judicial Magistrate - Said statements were further corroborated by father of deceased and medical evidence - There is no reason to interfere with the conviction and sentence. s. 85 - Act of a person under influence of intoxication - Held: Intoxication, as such, is not a defence to a criminal charge - It cannot be accepted that since accused-appellant was under influence of liquor, offence will fall u/s 304 (Part I) or s. 304 (Part II) - He was presumed to know the consequences of his action, of having lit the match stick and set his wife on fire, after his father sprinkled kerosene on her body - He was correctly charge-sheeted u/s 302 and there is no reason to interfere - Since appellant has already suffered 16 years of sentence without remission, State Government is directed to consider his case in terms of Resolution dated 11. 04. 2008 read with Annexure I - Sentence - Remission of - Government of Maharashtra Resolution No.RLP1006/CR6211 PRS-3 dated 11.04.2008.EVIDENCE ACT, 1872: s.32 - Dying declaration - Evidentiary value of - Explained. |
Judge | Hon'ble Mr. Justice K.S. Panicker Radhakrishnan |
Neutral Citation | 2014 INSC 188 |
Petitioner | Bhagwan Tukaram Dange |
Respondent | State Of Maharashtra |
SCR | [2014] 3 S.C.R. 753 |
Judgement Date | 2014-03-13 |
Case Number | 1823 |
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