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

Leave a Reply

Your email address will not be published. Required fields are marked *

error: Do not copy the content of this website.

Terms And condition

The rules of the Bar Council of India prohibit law firms from soliciting work or advertising in any manner. By clicking on ‘I AGREE’, the user acknowledges that:

  1. The user wishes to gain more information about Re Legal, its practice areas for his/her own information and use
  2. That the information provided in the website is only for personal use or reference of the visitor and is provided only on his/her specific request.
  3. That the material available for downloading on the website and other information provided on the website would not create any lawyer-client relationship.
  4. That we are not responsible for any consequence of any action taken by the user relying on material/information provided under this website.
  5. That in case the visitor has any legal issues; he or she should seek independent legal advice.

The information provided under this website is for informational purposes only and solely available at your request. It should not be interpreted as soliciting or advertising.