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Supreme Court of India 2019-08-07 dismissed

Bhagwan vs State of Maharasahtra Through Secretary Home, Mumbai, Maharashtra

Bench: 2 — K.M. Joseph

In Brief

The appellant was convicted of murdering his wife by pouring kerosene and setting her on fire in 1999. He claimed the burns were accidental, caused by a fallen lamp. The wife died from 92% burn injuries but made a dying declaration naming her husband as the culprit. The Supreme Court upheld the conviction, holding that a dying declaration—even from a severely burned victim—can be the sole basis for conviction if the recording officer testifies to the victim's fitness and the statement inspires confidence. Procedural irregularities did not vitiate the declaration. The Court found the burn injuries to appellant and his children consistent with a deliberate act in a confined space.

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Criminal Law Murder Dying Declaration Evidence Procedural Irregularities Burn Injuries Credibility Section 302 IPC

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