Govindappa Vs. State of Karnataka
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Head Note
Indian Penal Code,1860 - Section 498-A , Section 302 , Section 34
Bride burning - Eye-witnesses - Deceased was being harassed and humiliated as her sister-in-law wanted to give her daughter in marriage to appellant No. 1 - On the day of incidence, the deceased was held by accused and hue and cry were raised by her - Neighbours arrived and in their presence appellant No. 4, her sister-in-law poured kerosene oil and appellant No. 2 set the deceased on fire and thereafter all ran away - Magistrate recorded the dying declaration in the presence of Doctor - All accused convicted and sentence to life imprisonment - High Court acquitted two appellants but affirmed the conviction of other two appellants - Discrepancies in evidence were minimal and irrelevant - Dying declaration and evidence of eye-witnesses proved ill-treatment and cruelty meted out to the deceased by the appellants as also their common intention to kill the deceased by burning - Case against appellants was fully established - Order of High Court upheld - Appeal dismissed.
The Indian Evidence Act, 1872 - Section 32
Dying declaratiom - 100% burns suffered by the deceased - Doctor, stated her to be fit to give statement - Magistrate recorded her statement in the presence of doctor and took her thumb impression and also signed by her - There is no reason to disbelieve the doctor.
The Indian Evidence Act, 1872 - Section 32
Dying declaration - The mere absence of medical certificate regarding condition of deceased by itself is not sufficient to discard the dying declaration - Medical certification is only a rule of caution - The person recording the dying declaration must be satisfied about fit state of mind the patient.
Topic(s)-Eye-witnesses , Bride Burning , Dying Declaratiom