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Supreme Court of India 2021-03-08 dismissed

NAGABHUSHAN vs THE STATE OF KARNATAKA

Bench: 2 — Dr. Dhananjaya Y. Chandrachud, M.R. Shah

In Brief

The appellant was convicted by the High Court of Karnataka for murder (Section 302 IPC) and cruelty (Section 498A IPC) in connection with the death of his wife by burning. The trial court had acquitted him, but the High Court reversed that acquittal based on the wife's dying declaration. The Supreme Court upheld the conviction, holding that the trial court's rejection of the dying declaration was perverse and unsustainable. The dying declaration—that the appellant poured kerosene on the deceased and set her ablaze—was corroborated by medical evidence. The Court held that pouring kerosene and igniting it is an imminently dangerous act falling under Section 300 clause (iv) IPC, and the appellant's subsequent attempt to extinguish the fire does not mitigate the offence.

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Criminal Law Appellate Practice Dowry and Domestic Violence Dying Declaration Murder Evidence Bride Burning

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