State of Maharashtra Vs. Guntabai @ Bhagirathaibai
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Head Note
Indian Penal Code,1860 - Section 302 , Section 498-A , The Indian Evidence Act, 1872 - Section 32 (1)
Dowry Death - Accused alleged to have murdered her daughter in law by setting her on fire for not fulfilling dowry demands - Trial Court discarded dying declaration on the ground that certificate of doctor was not produced stating that deceased was in fit condition to get the statement recorded - High Court affirmed the order of acquittal relying upon decision of Supreme Court in JT 1999(6) SC 585 - Acquittal challenged on the ground that order of High Court is contrary to decision of Constitution Bench of Supreme Court in JT 2002(6) SC 313 - Matter remitted back to High Court.
Topic(s)-Dowry Death