Showing : 21-30 of 965 Results

CALCUTTA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, 448-- Murder - PW1, wife of deceased stated that accused armed with Khukri came outside their house and called deceased and thereafter assaulted her husband as a result he died - PW2, who was called for help by PW1 is not the eye witness but she saw accused and heard him shouting that he would kill..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 32(1)-- Dying declaration - Not read over to declarant - Evidentiary value - A dying declaration cannot be rejected merely because the same was not read over to declarant and declarant admitting the same to be correctly recorded - Rather this can be one of the factors, if it assumes significance in facts..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 32(1)-- Dying declaration - General principles to be kept in mind are : (a) That it is not a weaker kind of evidence and it stands on same footing as other evidence and (b) that there is no absolute rule of law that it cannot form sole basis of conviction, unless corroborated by other independent..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 32(1)-- Dying declaration recorded by independent person, who is neither a relative nor a friend nor interested in deposing against the accused, there should be no hesitation in accepting his version on the aspects that - (a) the declarant had an opportunity to observe and identify the assailant, (b) the..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 32(1)-- Absence of an endorsement in dying declaration : (a) By a doctor regrading fitness of mind of declarant, or (b) that statement was read over and explained to declarant, who found it to be correct - Cannot be the reason for holding that dying declaration is unacceptable, if Court is otherwise..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Evidence Act, 1872, Section 32-- Dying declaration - An exception to rule against admissibility of hearsay evidence...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Evidence Act, 1872, Section 32-- Dying declaration - Can form basis of conviction, if in opinion of Court, it inspires confidence that deceased at the time of making such declaration, was in a fit state of mind and there was no tutoring or prompting...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302-- Two dying declarations - Murder - Death by burning - Deceased described the incident in both the dying declarations and declared the name of accused to be culprit in clear and categorical terms - Both the dying declarations are consistent and in clear terms points to guilt of accused allegedly..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 32-- Three dying declarations - Discrepancies in three different dying declarations - Dying declaration which favours accused has to be preferred...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 32-- Three dying declarations - Discrepancies in three dying declarations - When there are conflicting or contradictory dying declarations and if prosecution fails to discharge the burden of proof beyond reasonable doubt, there is no reason why the benefit of doubt should not be extended to the..........

Showing : 21-30 of 965 Results