Supreme Court · 2011 INSC 488 · Decided 13 July 2011
Sayaji Hanmant Bankar v. State of Maharashtra
- Court
- Supreme Court of India
- Citation
- 2011 INSC 488 · [2011] 8 S.C.R. 234
- Case number
- CRIMINAL APPEAL No. 457/2007
- Decided
- 13 July 2011
- Bench
- V.S. SIRPURKAR, T.S. THAKUR (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 304, 302, 300, 299
Headnote
Penal Code, 1860: s.304, (Part I), s.300, Exception 4; s.302 - Conviction on the basis of dying declaration - C Allegation that accused-husband came home in drunkeri state and started abusing victim-wife and hit her on knee with brass pot and thereafter threw burning kerosene lamp on her - Victim fire and she got engulfed in flames - In her dying declaration, she stated D that accused had tried to douse the fire - Courts below convicted accused uls.302 and awarded life imprisonment - On appeal, held: On facts and in view of evidence on record, Exception 4 to s.300 is attracted -
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