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Supreme Court of India 2022-07-14 dismissed

Kamal Khudal vs State of Assam

Bench: 2 — J.B. Pardiwala

In Brief

The appellant was convicted of murder under Section 302 IPC (read with Section 34) for pouring hot lali (raw material for local liquor) on the deceased's body, causing extensive burn injuries. The High Court upheld the conviction. The Supreme Court dismissed the appeal, holding that an oral dying declaration made by the deceased to witness Hanu Khetrapal—that the accused poured hot lali on his body—is reliable and can form the basis of conviction without mandatory corroboration when the court is satisfied of its truthfulness. The declaration was supported by medical evidence of 75% burn injuries, the witness's credibility, and the appellant's unexplained flight and delay in arrest. The concurrent findings of the trial court and High Court were not disturbed.

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Criminal Law Evidence Dying Declaration Murder Circumstantial Evidence Abscondence

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