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Results of dying declaration

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Showing : 661-670 of 1094 Results

DELHI HIGH COURT

Year of decision: 2009
Details

Evidence Act, 1872, Section 32 -- Two dying declarations - Appellant implicated in the second dying declaration - Second dying declaration running into four hand written pages while deceased had suffered 80 per cent burns - Second dying declaration was recorded when the deceased was under the care of her parents - Possibility of pressure asserted by the parents cannot be..........

MADHYA PRADESH HIGH COURT

Year of decision: 2009
Details

Evidence Act, 1872, Section 32 -- Dying declaration - If the dying declaration is clear, cogent and trustworthy and is not a product of imagination or the person who is giving the dying declaration has not been tutored or prompted, the same can be the sole basis of conviction...........

MADHYA PRADESH HIGH COURT

Year of decision: 2009
Details

Evidence Act, 1872, Section 32 -- Dying declaration - Does not become unacceptable merely because certification by doctor about the fit mental condition of the deceased was not taken - Certificate by doctor is a rule of caution - However, the person who records it must be satisfied that deceased was in fit state of mind to give the dying declaration...........

MADHYA PRADESH HIGH COURT

Year of decision: 2009
Details

Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Deceased wife suffered burn injuries in the house of accused - Dying declaration recorded by doctor - Deceased stated that her husband was doubting her character as he was under impression that deceased has conceived from some other person, though in post mortem no pregnancy was found - Deceased was..........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Evidence Act, 1872, Section 32 -- Dying declaration - Signatures or thumb impression of deceased not taken - If a dying declaration is true and voluntary the same cannot be rejected merely on the ground that person who recorded the dying declaration did not or could not take the signature of the deceased on the dying declaration...........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Evidence Act, 1872, Section 32 -- Dying declaration - Recorded by doctor - In his deposition doctor categorically sated that the deceased while making the dying declaration was conscious and in a fit mental condition to make such a statement - Held, dying declaration can be relied upon as the same was truthfully recorded and said statement gave a vivid account of the..........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Evidence Act, 1872, Section 32 -- Dying declaration - Certificate of doctor - There is no requirement of law that dying declaration must necessarily contain a certificate by the doctor that the patient was in a fit state of mind especially when dying declaration was recorded by a Magistrate...........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning - In the dying declaration appellants named as the person responsible for death - Correctness of the dying declaration at this stage cannot be questioned - Merely because charge sheet is not filed against certain persons, the same by itself, is not sufficient ground to decline to exercise its..........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Evidence Act, 1872, Section 32 -- Dying declaration - Recorded by Magistrate - Certificate of fitness by doctor - Not required when dying declaration is recorded by Magistrate - It is the testimony of the Magistrate that declarant was fit to make statement which gains importance and reliance can be placed upon declaration even in the absence of the doctor's certificate..........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Indian Penal Code, 1860, Section 304 -- Part I - Disputes between appellant and his wife regarding his wayward habits - Appellant put her on fire resulting in 60% burns all over the body - Dying declaration recorded by Judicial Magistrate First Class - Dying declaration made on her own volition in presence of doctor and in fit state of mind - Deceased herself poured..........

Showing : 661-670 of 1094 Results