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Mahadeo Narayan More v. State of Maharashtra

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 1203 of 2009)Decided 17 Dec 2014
Criminal Appeal No. 1203 of 2009
Justice Dipak Misra · Justice Uday Umesh Lalit

Background

Two brothers-in-law were accused of setting Sushila on fire after demanding a share of money from selling lambs. The trial court acquitted them after doubting her dying declarations. The High Court reversed the acquittal and imposed life imprisonment and a fine for murder committed with a common intention.

Decision Breakdown

The Supreme Court dismissed the appeal and upheld the High Court's conviction and sentence. Sushila's accounts were consistent with one another and with her police complaint about a threat made the previous day. The doctor certified her fitness before and after the magistrate recorded her declaration and confirmed that only he and the magistrate were present. After examining the original record, the Court found no reason to doubt that declaration and rejected the trial court's concerns about tutoring and fitness.

Lesson Learnt

A dying declaration can carry decisive weight when its reliability is supported by medical evidence and surrounding facts. Courts assess actual evidence of fitness and consistency rather than assuming that serious burns make every statement unreliable.

Official source (sci.gov.in)View Judgment (PDF)

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