Supreme Court · 2004 INSC 662 · Decided 19 November 2004
Muthu Kutty and ANR. v. State BY Inspector of Police, Tamil Nadu
- Court
- Supreme Court of India
- Citation
- 2004 INSC 662 · [2004] SUPP. 6 S.C.R. 222
- Case number
- CRIMINAL APPEAL No. 1301/2004
- Decided
- 19 November 2004
- Bench
- ARIJIT PASAYAT, S.H. KAPADIA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 304B, 498, 4, 498A, 304, 302B; Evidence Act Section 32, 60, 113B
Headnote
Evidence Act, 1872; Ss. 32, 60 and 113B!Penal Code, 1860; Ss. 302, 304B and 498 : C Demand of dowry-Daughter-in-law tortured to death by in:-laws by setting her on fire-Conviction based on dying declaration-Correctness of-Held : Dying declaration should be of such nature as to inspire full prompting or imagination-Courts must ensure that the deceased was in D a fit state of mind and had an opportunity to observe and identify the assailants-Once the Court is satisfied that the declaration was true and voluntary, it could base its conviction without any further corroboration­
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