Supreme Court · 2019 INSC 590 · Decided 30 April 2019

Kalabai v. State of Madhya Pradesh

Court
Supreme Court of India
Citation
2019 INSC 590 · [2019] 8 S.C.R. 19
Case number
CRIMINAL APPEAL No. 763/2019
Decided
30 April 2019
Bench
ASHOK BHUSHAN, K.M. JOSEPH (2-judge bench)
Outcome
Case Partly allowed
Case type
Criminal
Acts & sections cited
IPC Section 304, 302, 34

Headnote

Penal Code, 1860: ss. 304 Part II and 302 - Murder - Dying declaration - On facts, quarrel between the victim and her husband and during the quarrel, appellant-sister-in-law who was living on the lower floor of the house arrived at the scene - She threw the burning kerosene death - Conviction and sentence of the appellant u/s. 302 by the courts below - On appeal, held: Dying declaration recorded within few hours of admission of the victim in the hospital was relied by the courts below, wherein the victim stated as to how she was burned - There is no

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