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Supreme Court of India 2018-02-06 dismissed

Madan @ Madhu Patekar vs State of Maharashtra

Bench: 2 — N.V. Ramana

In Brief

The appellant was convicted of murder under Section 302 IPC on the basis of dying declarations made by the deceased, who suffered 86% burn injuries, stating that the appellant had poured kerosene on her. The appellant argued there was no eyewitness, he himself suffered 40% burns while trying to save her, and the dying declaration could not be relied upon. The Supreme Court held that dying declarations recorded by a competent authority after medical examination, if clear and consistent, can form the sole basis for conviction. The Court upheld the conviction, finding that the deceased was in a fit state of mind when recorded and the declarations inspired confidence. The appeal was dismissed.

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Criminal Law Evidence Law Dying Declaration Murder IPC Section 302

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