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Results of dying declaration

Showing : 151-160 of 979 Results

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 3, 25 -- Dying declaration - Murder - Death by fire shot - Deceased was unconscious when he was brought to hospital - Dying declaration recorded on the same day - It is very hard to believe that deceased was unconscious in the noon, regained consciousness in front of SDM that..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2016
Details

Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 498A, 306 -- Dying declaration - Cruelty - Abetment of suicide - Allegation against husband, father-i, law and mother-i, law - Deceased committed suicide in her matrimonial home at the age of 23 within 2 years of her marriage - She specifically stated in her dying declaration that she committed suicide due to..........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Order taking cognizance - Quashing of order - Court while exercising jurisdiction u/s 482 Cr.P.C., cannot judge veracity, reliability and truthfulness of alleged dying declaration - At this stage only prima facie case is to be seen - Moreover, applicants have got a right..........

BOMBAY HIGH COURT

Year of decision: 2016
Details

Evidence Act, 1872, Section 32 -- Dying declaration - Cannot be relied upon if such dying declaration was not read over to deceased and there is no endorsement to that effect...........

BOMBAY HIGH COURT

Year of decision: 2016
Details

Evidence Act, 1872, Section 32 -- Oral dying declaration made to brother - Brother failed to disclose about said dying declaration immediately - Evidence of PW7 that "Her whole body was bandaged from mouth to leg" - It shows that deceased was not in a position to speak - No reliance therefore, can be placed on such dying declaration...........

BOMBAY HIGH COURT

Year of decision: 2016
Details

Evidence Act, 1872, Section 32 -- Two written dying declarations - First dying declaration of deceased implicating accused not proved as certificate that deceased is able to give statement is not proved by prosecution - As regarding second dying declaration recorded before Tehsildar, same is also not proved, as said declaration does not contain any statement that..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Evidence Act, 1872, Section 32 -- Dying declaration - Police officer during investigation can record the dying declaration, if there is an urgency and there was no time to call a Magistrate - It is admissible u/s 32 of the Act - However, in view of S.162(2) Cr.P.C., it is better to leave such dying declaration out of consideration until and unless, prosecution satisfies..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Evidence Act, 1872, Section 32 -- Dying declaration - Merely because dying declaration was not recorded by Magistrate, that by itself cannot be a ground to reject the whole prosecution case - However, where it appears from the records that dying declaration is not reliable, a question may arise as to why Magistrate was not called...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Evidence Act, 1872, Section 32 -- Dying declaration - Can be sole basis of conviction if it inspires full confidence - However, where dying declaration is suspicious then it cannot be acted upon without corroborating evidence but dying declaration which suffers from infirmity such as deceased was unconscious and could never make any statement cannot form the basis of..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 304B -- Dying declaration - Dowry death of a pregnant woman - Death by burning within 9 months of marriage - Deceased suffered 80 to 85% of burn injuries - Dying declaration set up by defence has to be rejected as it is suspicious and cannot be acted upon - It is recorded by I.O without any medical..........

Showing : 151-160 of 979 Results