AIR 2001 SUPREME COURT 2124 ::2001 AIR SCW 1913 ::(2001) 3 MahLR 542 ::(2001) 2 CurCriR 186 ::(2001) 1 HinduLR 572 ::(2001) 2 AllCriR 1421 ::2001 (6) SCC 407 ::2001 SCC(Cri) 1148 ::2001 (2) RecCriR 631 ::(2001) 3 Scale 549 ::2001 (2) AndhLT(Cri) 95 SC ::2001 (2) AllCriLR 597 ::2001 CalCriLR 353 ::(2001) 2 BLJ 830 ::2001 (3) BLJR 1728 ::2001 (3) ChandCriC 12 ::(2001) 1 DMC 734 ::2001 (2) EastCriC 284 ::(2001) 21 OCR 28 ::(2001) MatLR 538 ::(2001) 4 SCJ 444 ::2001 (2) LRI 751 ::(2001) 2 Crimes 242 ::2001 (2) UC 23 ::(2001) 3 Supreme 570 ::2001 (43) AllCriC 208 ::(2002) SC Cr R 208 ::2001 (5) SRJ 435 ::(2001) 5 JT 127 (SC)

Supreme Court Of India

(From : Patna)*

Hon'ble Judge(s): U. C. Banerjee, K. G. Balakrishnan , JJ

(A) Penal Code (45 of 1860) , S.304B— Dowry death - Prosecution alleged that kerosene was poured all round and thereafter with lighted match stick the bride was burnt to death alive - High Court looked into original FIR and found that allegation with regard to demand of dowry was added by making interpolation - Acquittal of accused persons - Not interfered with even though High Court did not examine issue of non-examination of investigating officer. (Para 9 10) (B) Evidence Act (1 of 1872) , S.32— Dying declaration - Bride burning - Deceased alleged to have made declaration to her mother just before few minutes of her death - Naming her in-laws along with husband who poured kerosene to burn her alive - No medical certification that deceased was in fit state of mind at time of making declaration - Uncorroborated testimony of mother to whom deceased made the declaration - Held, not worth acceptance. In the case of alleged bride burning the evidence of dying declaration depicts that just before a few minutes of her death , the deceased made a declaration quietly to the mother naming therein all the three relations along with the husband who poured kerosene to burn her alive. This would not be acceptable, moreso having regard to the....