Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: s. 302 - Murder - Allegation that the apoel/ant grappled his sister-in-law 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 - Allegation that the apoel/ant grappled his sister-in-law (victim2deceased) and poured kerosene on her and set her ablaze - Victim-deceased C taken to hospital where Tehsildar recorded her dying declaration - Conviction based on dying declaration - Held: The dying declaration was recorded by Tehsildar after obtaining the certificate from the doctor regarding the fitness of the deceased to give statement - In the evidence also, o doctor stated that the deceased was conscious and in a fit condition to give statement - There was nothing to show that the deceased was tutored by her relatives to falsely implicate the appellant - Doctor and Tehsildar categorically denied the suggestion that deceased was tutored by relatives - Deceased E and her husband were living separately and there was no reason for her to falsely implicate her brother-in-law ~ PW7, uncle of deceased stated that when he reached hospital, the deceased informed him that appellant was the culprit - 'There was no material inconsistency between the evidence o{ PW7 F and the dying declaration - Courts below found the ;dying declaration reliable and inspiring confidence - No reason to interfere with the order of conviction - Dying declaration.Criminal jurisprudence: Death by burning - Held: In burn injury cases, two possible hypothesis arise in the judicial mind G - was it suicide or was it homicide - In cases where tlile dying declaration projected by the prosecution gets credence, the alternative hypothesis of suicide has to be jt,Jstifiab/y eliminated.Evidence: Dying declaration - Reliability of - Held: When reliance is placed upon dying declaration, the court must be satisfied that the dying declaration is true, voluntary and not as a result of eithe'r tutoring or prompting or a product of imagination - The Court must be further satisfied that the deceased was in a fit state of mind - If a dying declaration is found to be reliable, then there is no need for corroboration by any witness and cqnviction can be sustained on that basis alone - In the instant case evidence of Tehsildar, the Doctor and other witnesses was cogent and consistent that the deceased was conicious and in a fit state of mind to give dying declaration Find courts rightly based the conviction upon the same - When the courts below appreciated the entire evidence in its right perspective, interference with conviction order not called for. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2014 INSC 593 |
Petitioner | Prempal |
Respondent | Statf. Of Haryana |
SCR | [2014] 7 S.C.R. 615 |
Judgement Date | 2014-09-03 |
Case Number | 615 |
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