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Supreme Court of India 2017-04-07 allowed

State of Maharashtra vs Nisar Ramzan Sayyed

Bench: 2 — Pinaki Chandra Ghose

In Brief

The respondent was convicted of the murder of his pregnant wife and minor child by burning them with kerosene. The High Court acquitted him, finding insufficient evidence. The Supreme Court reversed the acquittal, holding that consistent dying declarations—recorded multiple times before doctors, police officers, and civilians—can form the sole basis of conviction without corroboration. The deceased's statements clearly identifying the respondent as the perpetrator and mentioning dowry demands were corroborated by medical evidence, physical evidence (kerosene-soaked soil), and the accused's failure to provide any credible explanation. However, the Court commuted the death sentence to life imprisonment, finding that the 'rarest of rare cases' doctrine should not apply here.

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Criminal Law Dying Declaration Evidence Murder Dowry Death Sentencing

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