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Supreme Court of India 2022-08-16 allowed

MAKHAN SINGH vs THE STATE OF HARYANA

Bench: 2 — B.R. Gavai, Pamidighantam Sri Narasimha

In Brief

Makhan Singh was convicted under IPC Section 304B (causing death by act endangering life) for allegedly forcing his wife to consume poison due to dowry demands. The wife's first dying declaration stated she took medicine by mistake; three days later, her second declaration implicated the husband and his parents. The Supreme Court acquitted the appellant, holding that the first dying declaration—recorded with medical certification and no relatives present—was more reliable than the second, which lacked medical examination and was made with parents present, inviting tutoring. Since identical evidence led to co-accused' acquittal, equal benefit of doubt applied to the appellant.

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Criminal Procedure Dowry Harassment Dying Declaration Evidence Poisoning

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