Supreme Court · 2021 INSC 287 · Decided 7 May 2021
Jayamma & Anr v. State of Karnataka
- Court
- Supreme Court of India
- Citation
- 2021 INSC 287 · [2021] 5 S.C.R. 11
- Case number
- CRIMINAL APPEAL No. 758/2010
- Decided
- 7 May 2021
- Bench
- N.V. RAMANA, SURYA KANT, ANIRUDDHA BOSE (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302; CrPC Section 378; Evidence Act Section 32
Headnote
Penal Code, 1860: s. 302 r/w 34 - Allegation that on account of previous dispute between the parties, accused with the intention to kill the victim went to her house, doused her with kerosene and set her ablaze - Acquittal by the trial court - However, the High Court on basis of of the police officer who recorded the dying declaration and the doctor who endorsed the mental fitness of the victim to make such statement, convicted the accused u/s. 302 r/w 34 and imposed life imprisonment - On appeal, held: Conviction of the accused cannot be upheld only on the basis
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