Supreme Court · 2011 INSC 340 · Decided 28 April 2011
Natha Shankar Mahajan v. State of Maharashtra
- Court
- Supreme Court of India
- Citation
- 2011 INSC 340 · [2011] 5 S.C.R. 958
- Case number
- CRIMINAL APPEAL No. 970/2006
- Decided
- 28 April 2011
- Bench
- V.S. SIRPURKAR, T.S. THAKUR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302
Headnote
Penal Code, 1860: s.302 - Conviction based on dying C declaration - In the dying declaration, the victim had alleged that her husband-accused suspecting her chastity, beat her up and set her ablaze by pouring kerosene over her body - Court below relied upon the dying declaration and convicted the was endorsement made by the doctor on the statement of victim D to the effect that she was conscious and in a position to make statement - The doctor had very categorically stated in his evidence that the victim was in a position to understand herself and was in a position to give statement -
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