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 — Conviction on basis of dying declaration — Death of 18 year old girl on sustaining burn injuries — Oral statement made by the victim recorded by the Police sub-inspector — Thereafter, Magistrate recorded dying declaration in question answer form and answers were recorded in own language of the victim — Both declarations had thumb impression"of the victim and victim had implicated the accused — Thereafter, victim shifted to another hospital wherein an Executive Magistrate recorded the dving declaration that it was a case of accidental death caused by falling of the chimney — Declaration not in question answer form and did not bear thumb impression of the victim — Conviction by courts below relying on the oral statement and the first dying declarations made by the victim — On appeal, held: Conviction rightly recorded relying on the dying declaration of the deceased recorded by the Magistrate — Courts below rightly rejected the theory put up by the defence that it was accidental death ~ It is proved on record that death was caused by burn injuries — Prosecution by cogent evidences proved the prosecution case — Thus, accused rightly convicted for offence u/s. 302 — Evidence Act, 1872 - $32, ; Evidence Act, 1872 — s.32 — More than one dying declaration ~ Reliance upon — Duty of the court ~ Held: Each dying declaration is to be considered independently on its own merit and cannot be rejected becuuse of the contents of the other — It is the duty of the court to consider each one of them in its correct perspective and -satisfy itself that which one of them reflects the true state of affairs. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2016 INSC 455 |
Petitioner | Raju Devade |
Respondent | State Of Maharashtra |
SCR | [2016] 3 S.C.R. 818 |
Judgement Date | 2016-06-29 |
Case Number | 1012 |
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