Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860 - s. 302 - Conviction and sentence under Penal Code on basis of the dying declaration |
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 - Conviction and sentence under, on basis of the dying declaration - Prosecution case that husband along with the co-accused present in the house, poured kerosene oil upon his wife and ignited her - Incident took place nine years after the marriage - Wife succumbed to the burn injuries in the hospital - On basis of the prosecution evidence and two dying declarations, conviction of the husband uls. 302 and imposition of life imprisonment, by courts below - Held: There is no infirmity or perversity in the order passed by the courts below - Statement of the doctor. and the nurse that the victim made a dying declaration that her husband poured kerosene oil on her and set her on fire fully corroborated by prosecution witnesses - Victim not known to the doctor and the nurse nor they were interested witnesses - Evidence of the doctor and the nurse was a very important piece of evidence and there was no evidence to the contrary that any effort was made by anyone to induce the deceased to make the false statement - Also, absence of smell of kerosene oil in the hair of the deceased sent for chemical examination does not render the dying declaration doubtful and unbelievable - Evidence. |
Judge | Hon'ble Mr. Justice M.Y. Eqbal |
Neutral Citation | 2014 INSC 600 |
Petitioner | Tanua Rabidas |
Respondent | State Of Assam |
SCR | [2014] 8 S.C.R. 1142 |
Judgement Date | 2014-09-04 |
Case Number | 1503 |
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