Supreme Court · 2013 INSC 353 · Decided 22 May 2013
Jose S/O Edassery Thomas v. State of Kerala
- Court
- Supreme Court of India
- Citation
- 2013 INSC 353 · [2013] 5 S.C.R. 1154
- Case number
- CRIMINAL APPEAL No. 234/2010
- Decided
- 22 May 2013
- Bench
- B.S. CHAUHAN, DIPAK MISRA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 307
Headnote
Penal Code, 1860 - s.302 - Murder of wife - By setting her on fire, while she was sleeping - Circumstantial evidence C - Conviction by courts below - Held: The cumulative effect of the evidence viz., the conduct of the accused, dying declaration and the motive proves the guilt of the accused - The the accused and none else - Conviction upheld. D Dying declaration - Acceptance of - Plea that in view of 92% burn injuries, dying declaration of deceased not acceptable - Held: There is no thumb rule that a person sustaining a particular percentage of bum injuries would not E be in a
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