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Supreme Court Of India

(From : Bombay)*

Hon'ble Judge(s): Dipak Misra, Adarsh Kumar Goel , JJ

(A) Evidence Act (1 of 1872) , S.32, S.6— Dying declaration - Relevancy - Dying declaration relating to circumstances which resulted in death of maker - Being integral part of circumstances resulting in death of any other person - Such dying declaration has relevance for death of such other person also. When a dying declaration relating to circumstances of the transaction which resulted in death of a person making the declaration are integral part of circumstances resulting in death of any other person, such dying declaration has relevance for death of such other person also. In the present case, the statement of pouring of kerosene by accused on his wife, intervention of deceased in the process and her receiving burn injuries resulting in her death are integral part of the same transaction. Thus, the statement which relates to circumstances of the transaction resulting in her death being admissible, it can be relied upon to show as to how death of wife, of accused took place. The said statement is also corroborated by the admission of the accused himself to the extent that the death of his wife was by burning and the deceased received the burn injuries in the same incident.(Para 25 26) (B) Penal Code (45 of 1860) , S.300— Murder - Dying declaration - Admiss....