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Supreme Court of India 2021-03-08 dismissed

Nagabhushan vs State of Karnataka

Bench: 2 — M.R. Shah

In Brief

A woman died of burn injuries after her husband poured kerosene on her and set her ablaze during a domestic quarrel over dowry demands. The trial court acquitted all accused, but the High Court reversed this, convicting the husband for murder under IPC Sections 302 and 498A. The husband appealed. The Supreme Court upheld the conviction, holding that the High Court properly reappreciated the evidence and found the trial court's disbelief of the dying declaration unreliable. The second dying declaration, corroborated by medical evidence showing injuries to face, chest, and upper limbs, was accepted. The act of pouring kerosene and setting someone ablaze is inherently dangerous, constituting murder. The husband's subsequent attempt to extinguish the fire did not mitigate liability.

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Dowry Death Dying Declaration Evidence Law Appeal Against Acquittal Criminal Procedure Murder Dalit and Gender Violence

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