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Supreme Court of India 2018-10-11 disposed

Mehboob & Anr vs State of Maharashtra

Bench: 2 — Kurian

In Brief

The appellants were convicted under Section 302 IPC (murder) for causing the death of the first appellant's wife through burning. The conviction rested on two dying declarations by the deceased. The appellants argued they should be convicted under the lesser charge of Section 304 Part II, claiming they extinguished the fire. The Supreme Court upheld the conviction, holding that extinguishing the fire showed only spontaneous human instinct, not genuine intent to save life, as evidenced by their failure to seek medical help and immediate flight from the scene. The Court directed their release on bail after 14 years in jail, subject to satisfactory conduct."

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Criminal Law Homicide Dying Declaration Evidence

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