Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: ss. 302 307 and 436 - Conviction based on dying declaration Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Penal Code, 1860: ss. 302, 307 and 436 - Conviction based on dying declaration - Allegation that the appellant having illicit relations with other women - Wife started taking half of his salary from his office directly and on account of that, appellant was annoyed with his wife - On the fateful day, appellant took his wife, daughters and son to market on the pretext to do shopping for marriage of elder daughter - On return, he got down from the van, locked the van and set it ablaze - Wife and two daughters died - Courts below convicted the appellant on the basis of dying declarations of wife and daughters and passed death sentence - Held: The dying declaration of the wife and two daughters corroborated the statements of injured eye witnesses - There was no discrepancy in the statement of eye-witnesses to disbelieve them - There was no reason why wife and daughters would falsely implicate appellant - Conviction upheld - Accused committed the crime in a most cruel and inhuman manner - However, there was no reason to believe that the accused cannot be reformed or rehabilitated and that he is likely to continue criminal acts of violence as would constitute a continuing threat to the society - Thus, imposition of death sentence is not warranted - Sentence commuted to life imprisonment - Accused to serve minimum of 30 years in jail without remission - Sentence. |
Judge | Hon'ble Mr. Justice S.J. Mukhopadhaya |
Neutral Citation | 2014 INSC 445 |
Petitioner | Amar Singh Yadav |
Respondent | State Of U.p. |
SCR | [2014] 6 S.C.R. 1044 |
Judgement Date | 2014-07-02 |
Case Number | 229 |
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