Supreme Court of India· 11 August 2026
Under the Indian Penal Code, 1860, what effect does a post-mortem finding of burns covering 96% of the body, including the scalp, have on the prosecution's theory that the accused poured kerosene on the victim to set her ablaze?
Jupudi Suresh v. The State of Andhra Pradesh
2026 INSC 832 · Criminal Appeal No.4849 of 2025
Coram: K. Vinod Chandran; J. B. Pardiwala
Answer
Such extensive burns, especially over the scalp, raise a doubt over the theory that the accused poured kerosene on the victim, since the pattern is more consistent with the deceased having doused herself with kerosene; combined with the post-mortem Doctor's testimony that only a victim who has suffered 80 to 90% burns would be conscious and fit to give a statement, this also casts suspicion on dying declarations attributed to a victim with more extensive burns.
Headnote
Indian Penal Code, 1860 — s.302 — Appreciation of evidence — Dying declaration — Hostile witnesses — Benefit of doubt —
Indian Penal Code, 1860 — s.302 — Extensive burns and medical evidence cast doubt on prosecution theory —
Held: Burns of 96% of the body surface, including the scalp, raise a doubt over the theory that the accused poured kerosene on the victim, being more consistent with the deceased having doused herself; combined with medical evidence that only a victim with 80 to 90% burns would be conscious and fit to give a statement, this also casts suspicion on the dying declarations. (¶2, 5, 12)
Indian Penal Code, 1860 — s.302 — Testimony of un-hostile witnesses not to be discarded on cross-examination alone —
Held further: Close relatives never declared hostile, whose chief-examination discloses nothing incriminating, cannot have their testimony discarded as an afterthought merely for an unfavourable cross-examination; their earlier statements to the investigation cannot convict and must first be put to them and confirmed from the Investigating Officer. (¶9)
Indian Penal Code, 1860 — s.302 — Suspicious dying declarations, conviction not sustained —
Held further: Major unexplained discrepancies in the timing of two dying declarations, including a fifteen-hour gap before FIR registration, render them unsafe to found a conviction; the prosecution having failed to prove a single circumstance and reasonable doubt lingering on whether the death was homicidal or suicidal, the conviction cannot be sustained and the accused is acquitted. (¶11, 13, 14)
In the Court's own words
Paragraph 5To find the homicidal death, both the Courts relied on the post-mortem certificate, as proved by the Doctor PW11 and the inquest report, Ex. P6 proved by PW6 (VRO). PW4 and PW5, the witnesses to the inquest report turned hostile, which is immaterial since PW6 affirmed it. The post-mortem certificate clearly indicated that the deceased had sustained burns of 96% of the surface area of the body. The burn injuries were present over the scalp, face, neck, front and back of the chest, front and back of both upper limbs, front and back of the abdomen, front and back of both lower limbs and genitalia. Unburnt patches were present only over the front of the abdomen. Looking at the post-mortem certificate, we had a doubt as to the theory of the accused having poured kerosene over the deceased to set her ablaze, since the burns were present even over the scalp of the head. The indication is more of the deceased having doused herself with kerosene, which could have resulted in the burn Criminal Appeal No.4849 of 2025 injuries on the scalp of the head. However, we see that the Doctor was not cross-examined on this aspect and there was no question put as to whether the death was by suicide; which is the defense coming out from the depositions of the various witnesses. All the same, it has to be noticed that, in cross- examination it was elicited from PW11, the Doctor who conducted the post-mortem that only a victim sustaining burns between 80 to 90% could speak well; which raises a suspicion insofar as the dying declaration said to have been made by the victim who as per the post-mortem report suffered 96% injuries.
Paragraph 12Yet again, a dying declaration is said to have been recorded as Annexure P2 by the Executive Magistrate wherein the Doctor also certified that the patient was conscious and fit to give a statement. The Doctor who attended to the victim Criminal Appeal No.4849 of 2025 testified as PW7 and spoke of injuries sustained by the victim to be between 95% to 100%. Here we have to immediately observe that the Surgeon who conducted post-mortem, spoke of a credible statement possible only if the burns are between 80-90%. We cannot also ignore the fact that the Executive Magistrate notices the time at which the dying declaration was recorded as 8.55 am, at which time the Head Constable is said to have been recording the dying declaration.
Acts & Sections
s.302 Indian Penal Code, 1860s.498A Indian Penal Code, 1860s.307 Indian Penal Code, 1860s.161 Code of Criminal Procedure, 1973s.106 Indian Evidence Act, 1872One judgment a day. That's the whole habit.
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