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kerosene oil

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An important question of criminal jurisprudence as to in a case of multiple variable dying declarations, which of the dying declaration would be taken into consideration by the Court, what principles shall guide the judicial discretion of the Court or whether such contradictory dying declarations would unexceptionally result in prejudice to the case of the prosecution, arises in the present case.- when death was staring her in the eyes that she was burnt by her husband by pouring kerosene oil on her. Both these witnesses successfully stood the subtle cross-examination conducted by the counsel appearing for the accused. We see no reason to disbelieve these witnesses who were well known to both, the deceased as well as the accused.The recoveries from the place of occurrence clearly show a struggle or fight between the deceased and the accused before she suffered the burn injuries. the second and third dying declarations are authentic, voluntary and duly corroborated by other prosecution witnesses including the medical evidence. These dying declarations, read in conjunction with the statement of the prosecution witnesses, can safely be made the basis for conviction of the accused.It is a settled principle of law of evidence that the question of presumption in terms of Section 114 of the Evidence Act only arises when an evidence is withheld from the Court and is not produced by any of the parties to the lis. 26. As a result of the above discussion, we find no infirmity in the appreciation of evidence and law in the concurrent judgments of the courts. Hence, we dismiss this appeal.

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.2472 OF 2009 Shudhakar … Appellant Versus State of M.P. … Respondent J U D G M E N T Swatanter Kumar, J. 1. An important question of criminal jurisprudence as to in a case of multiple variable dying declarations, which of the … Continue reading

where the husband killed his wife and children as the wife was having talks with one third person. out of rage, he killed all and he tried to kill himself by the same knife and went to commit suicide also. he gave himself an FIR. He is the great looser. Requires no death penalty as it is not rarest of rare case . Dealth penalty converted in to life imprisonment for 21 years by Apex court.

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS.113-114 OF 2010   Brajendrasingh … Appellant Versus State of Madhya Pradesh … Respondent     J U D G M E N T   Swatanter Kumar, J.   1. The present appeals are directed against the judgment of the   High Court … Continue reading

or causing “the dowry death” of his wife Savita, the appellant is convicted under section 304-B and is given the minimum statutory sentence of 7 years rigorous imprisonment and a fine of Rs.1,000/- with the default sentence of rigorous imprisonment for three months. He is additionally convicted under sections 306 and 498-A. Under these two sections he was sentenced to imprisonment for lesser periods and all the sentences were directed to run concurrently. =in course of his examination under section 313 of the Code of Criminal Procedure it was repeatedly put to the appellant that Savita committed suicide by setting herself on fire in face of his persistent demand for dowry (see question Nos. 15, 16, and 24). The appellant of course denied the accusation saying “it is false” but he never said before the trial court that Savita caught fire accidentally by falling down on the chulha. It is, thus, clear that the plea of accidental fire is being raised for the first time before this Court and hence, it can not be entertained. 8. In the result, we find no merit in the appeal, it is accordingly dismissed.

1   NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.11 OF 2006 Sharad … Appellant Versus The State of Maharashtra … Respondent J U D G M E N T Aftab Alam,J.   1. For causing “the dowry death” of his wife Savita, the appellant is convicted under section 304-B … Continue reading

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