• Sections 302, 498A, 323 and 506 IPC II Section 374 CRPC Appeal against conviction Murder Alleged that accused sprinkled kerosene on her person and set her ablaze Daughter of accused and deceased, who was very much available in the house, speaks of her mother heating water and suffering accidental burns Prosecution has not taken pains to examine other two childern of deceased and accused Dying declarations are not reliable Prima facie dying declarations cannot be said to be consistent version Even attestation has not been obtained below alleged thumb impression of deceased Infirmities in the dying declarations Dying declaration cannot be relied Appellant stands acquitted Conviction set aside. [Paras 22, 23, 26 and 28]
Udhav vs State Of Maharashtra CRLA 734/15 23/02/23 [ VIBHA JJ ]
[ BOMBAY HIGH COURT ]