Indian Penal Code Section 306
SUPREME COURT OF INDIA
Before : – R. Banumathi and Indira Banerjee, JJ.
Criminal Appeal Nos. – 1597 0f 2009. D/d. 4.10.2018
Kanailal Sarkar – Appellants
Versus
State of West Bengal – Respondents
For the Appellants : Sarla Chandra, Advocate.
For the Respondents : PLR Chambers and Co., Advocate.
Constitution of India, 1950, Article 136 – Indian Penal Code, 1860, Section 306 – Conviction – Deceased allegedly murdered by accused father in law by poring kerosene and setting her on fire – Trial Court convicted accused for murder – High Courts, however, relying on evidence of husband of deceased that he admitted her in hospital held case of suicide – In dying declaration recorded by Executive Magistrate deceased clearly submitted about overt act of appellant pouring kerosene and setting her on fire – Having regard to evidence of father of deceased and dying declaration offence fall under Section 302 IPC – since no appeal preferred by State against acquittal of accused under Section 302 I.P.C. conviction of under Section 306 I.P.C. upheld.
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