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Supreme Court of India 2019-09-04 dismissed

JAGBIR SINGH vs STATE (NCT OF DELHI)

Bench: 2 — Sanjay Kishan Kaul, K.M. Joseph

In Brief

A man was convicted of murdering his wife by setting her ablaze with kerosene on 24 January 2008. Initially, the wife gave a statement attributed as accidental fire caused by a motorcycle petrol leak. Later, on 27 January 2008, she made a dying declaration implicating her husband, stating he poured kerosene on her while drunk and set her ablaze. The Supreme Court upheld the conviction, holding that the incriminatory dying declaration was reliable and truthful despite the earlier inconsistent statements. The Court found the earlier statements were made under the husband's threats and presence. Scientific evidence confirmed kerosene residue on clothing; the kerosene can was found at the scene; and a neighbour's account corroborated details in the dying declaration. The earlier accidental narrative was incompatible with the overwhelming forensic and circumstantial evidence.

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Criminal Law Evidence—Dying Declaration Murder Arson Multiple Statements—Inconsistency Witness Credibility Circumstantial Evidence Forensic Science—Chemical Analysis Threat and Duress Family Disputes

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