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VIJAY MOHAN SINGH vs. STATE OF KARNATAKA

SCR Citation: [2019] 6 S.C.R. 994
Year/Volume: 2019/ Volume 6
Date of Judgment: 10 April 2019
Petitioner: VIJAY MOHAN SINGH
Disposal Nature: Appeal Dismissed
Neutral Citation: 2019 INSC 509
Judgment Delivered by: Hon'ble Mr. Justice M.R. Shah
Respondent: STATE OF KARNATAKA
Case Type: CRIMINAL APPEAL /1656/2013
Order/Judgment: Judgment
1. Headnote

Penal Code, 1860 – ss.302 r/w. 34, 498-A, 304-B r/w. s.34 – Prosecution case that appellant-accused (husband of victim deceased) poured kerosene on the victim and lit fire and ran away from the spot – Consequent to which, victim sustained grievous burnt injuries and later died in the hospital – Dying declaration of the victim was recorded by the Metropolitan Magistrate – In dying declaration victim categorically stated that appellant-accused burnt her – Police filed charge sheet against the three accused persons including appellant-accused for the offences punishable u/ss. 498- A, 304-B, 302 r/w. s.34 of IPC and ss.3, 4 & 6 of the Dowry Prohibition Act – Trial court acquitted all the accused – However, the High Court set aside the order of acquittal of the appellant accused and held him guilty – On appeal, held: In the instant case, there was a dying declaration given by the victim which was proved and supported by the independent witnesses i.e. the metropolitan magistrate and the medical officer – But the same was discarded by the trial court on some minor contradictions/omissions – On re-appreciation of the entire evidence, it was found that the approach of the trial court was patently erroneous and the conclusions arrived at by it were wholly untenable – Trial court committed a patent error in discarding the dying declaration and other material evidence – Therefore, the interference by the High Court in the appeal against the acquittal of the appellant was justified – Dowry Prohibition Act, 1961 – ss.3, 4 and 6.

2. Case referred
3. Act
  • Indian Penal Code, 1860 (45 of 1860)
  • Dowry Prohibition Act, 1961 (28 of 1961)
4. Keyword
  • IPC
  • s. 302
  • 498-A
  • 304-B r/w. s.34
  • causing death by fire
  • dying declaration
5. Equivalent citation
    Citation(s) 2019 AIR 2418 = 2019 (5) SCC 436 = 2019 (5) Suppl. SCC 436 = 2019 (4) JT 258 = 2019 (4) Suppl. JT 258 = 2019 (6) SCALE 199