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 concurr ent conclusion only after meticulous consideration of t he two dying declarations of the deceased which were recorded by th e 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 pour ed kerosene on the victim-deceased and burnt her alive – Trial court convicted appellant under s.302 on the basis of dying declara tions of the victim – High Court upheld the conviction – On appeal, held: Cour ts below arrived at concurrent findings after thorough ly assessing the circumstances and facts – The dying declaration of the deceased was recorded by the Special Executive Magistrate aft er obtaining the fitness condition of the victim by the duty Medical O fficer who
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