Evidence Act, 1872 – s.32 – Dying declaration – When can be relied upon – Appellant beat up his wife, poured kerosene over her and killed her by setting her on fire – Concurrent conviction u/s.302, IPC relying upon on the dying declaration of the deceased stating that it was the appellant who had poured kerosene on her and set her on fire – Challenge to: Held: Dying declarations are exceptions to the rule of hearsay and, if a Court finds them consistent, believable and free of tutoring, it can convict the person named therein – In the present case, the medical evidence is consistent with the dying declaration – Appeal dismissed – Bhartiya Sakshya Adhiniyam, 2023 – s.26 – Penal Code, 1860 – ss.302, 342. [Paras 9, 12]
Concurrent findings of conviction – Scope of interference, restricted:
Held: It would only be permissible for this Court to interfere if the Courts below had committed manifest errors in law, misdirected itself in appreciating evidence, or completely missed out crucial pieces of evidence that would have bearing on the overall outcome of the case. [Para 7, 13]
Crimes Against Women – Dowry, domestic violence, etc. – Long-drawn legislative efforts for eradication of however, not to much yield – Reasons therefor. [Paras 14-18]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.