The woman burnt by the accused husband by pouring kerosene upon her and thereafter setting her on fire by lighting with a matchstick. She gave two dying declarations and the Trial court only believed her first dying declaration and acquitted all accused without examining the second dying declaration even when the deceased categorically stated that at the time when she gave first dying declaration, she was given threats by her husband that he will kill the children also. She had also stated that after her parents came, she got the courage, to tell the truth. The High Court took note that the second dying declaration was reliable and version was supported by circumstances. There was no stove found at the place of occurrence. Thereafter when the High Court has convicted the accused husband, it cannot be said that the High Court has committed any error. Held, reversal of acquittal confirmed-Ss. 302 and 498A r/w sec 34 Penal Code 1860
(2021) 5 SCC 222- Nagabhushan v. state of Karnataka