Supreme Court · 2008 INSC 1330 · Decided 20 November 2008

State of Tamil Nadu v. Karuppasamy

Court
Supreme Court of India
Citation
2008 INSC 1330 · [2008] 16 S.C.R. 481
Case number
CRIMINAL APPEAL No. 573/2002
Decided
20 November 2008
Bench
ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 302

Headnote

Penal Code, 1860 - s. 302 - Conviction under - Death · c of wife due to burn injuries - Quarrel between the parties over husband's illicit relations - Dying declaration recorded by Magistrate implicating the husband, having poured kerosene on her and setting her ablaze - Evidence as to .declaration by deceased - Conviction by trial court - However, set aside by High Court - Sustainability of - Held: D Not sustainable - High Court discarded the dying declaration recorded by Magistrate as the Magistrate went by the version f of the doctor and did not independently enquire

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