VidhiSangh

Supreme Court of India · 03/03/2025

SURESH versus STATE REP. BY INSPECTOR OF POLICE

[2025] 3 S.C.R. 317 · 2025 INSC 318

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Summary

The appellant's conviction under Section 302 IPC for burning his wife rested on a dying declaration recorded by a Judicial Magistrate six days after the incident, which contradicted two statements the deceased made on the day of the incident (to the doctor and to the police) that she caught fire accidentally while cooking. The Court held that where dying declarations are inconsistent, conviction cannot rest on one of them without corroboration; finding no reliable corroboration and several circumstances inconsistent with the prosecution case, it acquitted the appellant on benefit of doubt.

Issues

  1. Whether a conviction under Section 302 IPC can rest solely on a dying declaration recorded by a Judicial Magistrate when the deceased had earlier given contradictory statements attributing the fire to an accident.
  2. Whether the Observation Mahazar recording recovery of a kerosene can and matchstick, and the other prosecution evidence, corroborated the later dying declaration.

Provisions considered

Held

Result

Appeal allowed; High Court order dated 28.02.2012 set aside; appellant acquitted of the offence under Section 302 IPC and directed to be released from jail forthwith; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 3 S.C.R. 317.