Supreme Court · 2015 INSC 105 · Decided 11 February 2015
Dasin Bai@ Shanti Bai v. State of Chhattisgarh
- Court
- Supreme Court of India
- Citation
- 2015 INSC 105 · [2015] 1 S.C.R. 1060
- Case number
- CRIMINAL APPEAL No. 827/2008
- Decided
- 11 February 2015
- Bench
- M.Y. EQBAL, PINAKI CHANDRA GHOSE (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302; Evidence Act Section 106
Headnote
Penal Code, 1860 - s. 302 - Murder - By setting the deceased on fire - Circumstantial evidence - Conviction C under, by Courts below relying on the dying declaration - On appeal, held: Conviction was justified - Truthfulness of the dying declaration cannot be doubted - It was within special the deceased came to the premises of her house and how he got burnt -Thus, the D burden to prove those facts is upon the accused u/s.106 of Evidence Act - The failure of the accused to discharge the burden cast upon her uls. 106, provides an additional link in the chain of circumstances proved
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