LegalFirms.in
LegalFirms.in Judgments · legalfirms.in/judgments/suresh-vs-state-rep-by-inspector-of-police-20250304/ · Printed 07 Nov 2026
Criminal · Reportable judgment

Suresh vs State Rep. By Inspector of Police

Court
Supreme Court of India
Date
4 March 2025
Case No.
Criminal Appeal No. 540 of 2013
Result
Allowed
Bench
Sudhanshu Dhulia, Ahsanuddin Amanullah
Citation
[2025] 3 S.C.R. 317 : 2025 INSC 318
Acts & Sections
IPC CrPC
Supreme Court Reports [2025] 3 S.C.R. 317 : 2025 INSC 318
Issue for consideration
Whether the High Court was correct to uphold the conviction and life imprisonment granted by the Trial Court.
Headnote

Criminal Procedure Code, 1973 — Whether High Court correctly appreciated the facts and upheld the conviction of the accused — Correctness:

Held: While convicting, the Trial Court mainly relied upon the evidence given by parents of the deceased and the dying declaration, which was recorded by the Judicial Magistrate — Dying declaration is an important piece of evidence and a conviction can be made by relying solely on a dying declaration alone as it holds immense importance in criminal law – However, such reliance should be placed after ascertaining the quality of the dying declaration and considering the entire facts of a given case — The deceased had given two statements which are totally different from her subsequent statement made before the Judicial Magistrate, which casts serious doubts on the veracity of the deceased’s subsequent statement, where the deceased had blamed the accused for the incident — No other evidence corroborates the deceased’s statement that the appellant had poured kerosene on her and then set her on fire — The doctor, who had examined the deceased immediately after the incident, denied the presence of the smell of kerosene in the body of the deceased when she was brought to the hospital — Reliance of prosecution on Observation Mahazar is not correct, which is itself doubtful as the seizure witness to the said Mahazar has turned hostile and there had been an inordinate delay in sending the Mahazar to Court — Where the deceased has been changing her stance and has completely turned around her statements, such a dying declaration cannot become the sole basis for the conviction in the absence of any other corroborative evidence — Total reliance on subsequent dying declaration would be misplaced – Thus, the accused deserves to be given the benefit of doubt, therefore acquitted. [Paras 11-17]

Keywords: Dying declaration not the sole basis for conviction · Failure of justice

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Gaurav Upadhyay, Hony. Associate Editor (Verified by: Kanu Agrawal, Adv.). Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Sudhanshu Dhulia, J. 1. The appellant before us has challenged the order dated 28.02.2012 by which the High Court of Madras has upheld the appellant’s conviction and life sentence for an offence under Section 302 of the Indian Penal Code (‘IPC’). 2. The brief case of the prosecution is that on 12.09.2008 at around 6 pm, the appellant caused the death of his wife (‘deceased’) by pouring kerosene on her body and setting her on fire, which ultimately resulted in her death after a period of approximately three weeks in a hospital. The appellant used to reside in his house at Narayanac
Full text available to subscribers
Subscribe to access complete judgment text, daily digests, and AI-powered legal research tools. For informational and research purposes only.
View Subscription Plans →
Annual plans from ₹1,599 + GST.

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.

All SC judgments →