Showing : 71-80 of 709 Results

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..........
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..........
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..........
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..........
MADRAS HIGH COURT
Year of decision: 2016
Details
Evidence Act, 1872, Section 32-- Dying declaration - Long statement narrating entire occurrence - However, medical record pertaining to treatment given to deceased not produced - It is thus, doubtful as to whether deceased was in a fit state of mind to make such a statement - No reliance can be placed on such dying declaration...........
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..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Evidence Act, 1872, Section 32-- Dying declaration - Can be made at any time and in the presence of anyone - It need not to be a doctor, a Government Officer or an Executive Magistrate - So long as victim is aware and fully conscious of what is being done and said, any statement made by her can be treated as a piece of evidence -..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 498A, Evidence Act, 1872, Section 32-- Murder - Death by burning - Oral dying declaration - Deceased suffered 85% burn injuries - Dying declaration stands clearly established on record through testimony of nurse as also mother of victim - Testimonies of said witnesses fully inspires confidence, as they disclosed the events which took..........

Showing : 71-80 of 709 Results