Supreme Court · 2014 INSC 871 · Decided 16 December 2014

Harish Kumar v. State of Haryana

Court
Supreme Court of India
Citation
2014 INSC 871 · [2014] 13 S.C.R. 1298
Case number
CRIMINAL APPEAL No. 1297/2011
Decided
16 December 2014
Bench
VIKRAMAJIT SEN, PRAFULLA C. PANT (2-judge bench)
Outcome
Case Partly allowed
Case type
Criminal
Acts & sections cited
IPC Section 3048, 498, 498A; Evidence Act Section 1138

Headnote

Penal Code, 1860: s. 3048, 498-A - Dowry death - Death by burn injuries - Conviction of husband of victim­ deceased - Defence relying on the dying declaration C recorded by DW-2, Naib Tehsildar in presence of DW-1, Medical Officer to the effect that burn injuries were accidental and no one cruelty on account of demand of dowry, there was sufficient evidence to establish the charge - However, defence was able to D discharge its onus to rebut the presumption u/s.1138 of Evidence Act in respect of s. 304-8 - The dying declaration was voluntary and truthful - DW-1 and DW-2 were not

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