Supreme Court of India
Madan @ Madhu Patekar v. The State of Maharashtra
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What the Court ordered
We are of the view that the Courts below have come to the concurrent conclusion only after meticulous consideration of the two dying declarations of the deceased which were recorded by the Special Executive Magistrate (Annexure P-1) and PW 12 – Head Constable (Annexure P-3) respectively which are duly certified by the Doctor.
Judgment, page 6
From the headnote
Penal Code, 1860: s.302 – Unnatural death by burn injuries – Prosecution case was that the appellant-accused poured kerosene on the victim-deceased and burnt her alive – Trial court convicted appellant under s.302 on the basis of dying declarations of the victim – High Court upheld the conviction – On appeal, held: Courts below arrived at concurrent findings after thoroughly assessing the circumstances and facts – The dying declaration of the deceased was recorded by the Special Executive Magistrate after obtaining the fitness condition of the victim by the duty Medical Officer who issued the…
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