Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860 life imprisonment Murder Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860: s. 302 r/w s. 34 – Murder – By two accused – Setting the deceased on fire – Information given to Police Control Room (PCR) – Officials of PCR took the victim to the hospital – Statement made by the victim to the doctor (PW 8) who prepared MLC, accusing the appellants (accused persons) for the incident – Statement later made to police Sub-Inspector (PW16) accusing the appellants – Trial Court relying on the Dying Declarations convicted the accused and sentenced them to life imprisonment – High Court affirmed the conviction and sentence – Appeal to Supreme Court – Held: The two statements of the victim have rightly been accepted as Dying Declaration – The Dying Declarations inspire confidence and could be relied and acted upon even without corroboration – Suggestion as to self-immolation as occurring in the statement of PW-6 was of a remote hearsay and hence cannot be accepted – The burden to establish the self-immolation theory was on the accused, in which it failed – The act of pouring kerosene and then putting the person on fire, has all the ingredients of doing an act with the intention of causing death in a gruesome manner – Hence the conviction cannot be altered to one u/s. 304 (Part II) – Conviction u/s. 302/34 and sentence of life imprisonment affirmed. |
Judge | Hon'ble Mr. Justice Dinesh Maheshwari |
Neutral Citation | 2020 INSC 5 |
Petitioner | Purshottam Chopra & Anr. |
Respondent | State (govt. Of Nct Delhi) |
SCR | [2020] 1 S.C.R. 341 |
Judgement Date | 2020-01-07 |
Case Number | 194-195 |
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