Supreme Court of India
Jose S/o Edassery Thomas v. State of Kerala
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Penal Code, 1860 - s.302 - Murder of wife - By setting her on fire, while she was sleeping - Circumstantial evidence - Conviction by courts below - Held: The cumulative effect of the evidence viz., the conduct of the accused, dying declaration and the motive proves the guilt of the accused - The chain of circumstances exclusively leads towards the accused and none else - Conviction upheld. Dying declaration - Acceptance of - Plea that in view of 92% burn injuries, dying declaration of deceased not acceptable - Held: There is no thumb rule that a person sustaining a particular percentage of
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