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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 Supreme Court dismissed the appeal of Madan Patekar against his conviction for murder under Section 302 of the IPC. He was convicted of setting his companion Latabai on fire by pouring kerosene on her after she refused to cook for him. The sole evidence was two dying declarations made by the victim to officials, identifying the accused as her attacker. The Court held that dying declarations can form the sole basis for conviction when they inspire confidence, are free from tutoring, and properly recorded after obtaining medical fitness. Both declarations here were consistent, categorical, and certified by the medical officer. The Court upheld the concurrent findings of lower courts that guilt was proved beyond reasonable doubt and dismissed the appeal."

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Criminal Law Evidence Dying Declaration Murder Conviction Burden of Proof

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