Supreme Court of India · 2009-07-29
KAMALAVVA vs STATE OF KARNATAKA
- Citation / case number
- SC 2002/20001
- Court
- Supreme Court of India
- Petitioner
- KAMALAVVA
- Respondent
- STATE OF KARNATAKA
- Author
- MUKUNDAKAM SHARMA
Judgment text excerpt
The Supreme Court upheld the High Court's decision to set aside the acquittal of the accused under Section 302 IPC, establishing that the dying declaration of the victim, Shoba, was credible and sufficient to prove the involvement of her mother-in-law and sister-in-law in her death. The Court emphasized that the dying declaration, recorded by a magistrate, met the legal requirements for admissibility under Section 32 of the Evidence Act. However, the Court maintained the acquittal under Section 498-A IPC, affirming that the evidence did not substantiate the charge of cruelty as defined under the statute.