Supreme Court of India
Harish Kumar v. State of Haryana
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What the Court ordered
We are of the view that the courts below have erred in law in not relying the dying declaration recorded by the Naib Tehsildar in the presence of the Medical Officer, on the request of the police.
Judgment, page 12
From the headnote
Penal Code, 1860: s. 3048, 498- - Dowry death - Death by burn injuries - Conviction of husband of victim deceased - Defence relying on the dying declaration recorded by DW-2, Naib Tehsildar in presence of DW-1, Medical Officer to the effect that burn injuries were accidental and no one responsible for same - Held: As regards cruelty on account of demand of dowry, there was sufficient evidence to establish the charge - However, defence was able to discharge its onus to rebut the presumption u/s.1138 of Evidence Act in respect of s. 304-8 - The dying declaration was voluntary and truthful -
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