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Supreme Court of India 2024-05-15 dismissed

RAJENDRA S/O RAMDAS KOLHE vs STATE OF MAHARASHTRA

Bench: 2 — Abhay S. Oka, Ujjal Bhuyan

In Brief

A woman police constable, Rekha, suffered severe burns after being attacked by her husband Rajendra and brother-in-law. She made a dying declaration stating they had tied her limbs, poured kerosene on her, and set her on fire following sustained domestic cruelty about her refusal to share her police salary. The trial court and High Court convicted the appellant under Section 302 IPC (murder) read with Section 34 (common intention). The Supreme Court upheld the conviction, holding that the dying declaration (Ex. 59), properly recorded and authenticated by medical certification of the victim's fitness to make the statement, along with corroborating medical history, clearly established guilt beyond reasonable doubt without requiring additional corroboration.

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Criminal Law Evidence Dying Declaration Murder Domestic Violence Section 302 IPC Section 34 IPC Indian Evidence Act Section 32 Burden of Proof

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