Supreme Court of India
Bhagwan v. State of Maharasahtra through Secretary Home, Mumbai, Maharashtra
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What the Court ordered
We are of the view that the burn injuries suffered by the appellant and the two sons are reconcilable with the prosecution version of homicide committed by the appellant.
Judgment, page 21
From the headnote
Penal Code, 1860: s.302 – Prosecution u/ss. 302 and 326 – For causing d eath of his wife and injuries to two children by setting them abl aze after pouring kerosene on them – Dying declaration of the deceased – Conviction u/s.302 and acquittal u/s. 326 by courts below – Appeal to Supreme Court – Held: Cause of death is proved to be hom icidal author whereof was the accused – The dying declaration i s amply proved by the evidence of the officer who recorded it and th e medical officer – Defence version of getting burn due to accident al fall of lamp not acceptable – Conviction upheld.
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