Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 32 -- Abetment of suicide - Dying declaration - PW17 who recorded dying declaration of deceased mentioned that deceased in her dying declaration stated that there was a quarrel with regard to accused going to work and accused directed deceased to stay at home or to go away - This utterance as indicated in..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 304(Part II) -- Dying declaration - Culpable homicide not amounting to murder - Deceased stated that when he was standing on the road, a person had come from road in his direction and threw chilly powder in his eyes and thereafter assaulted him with a knife in the stomach - Assailant was wearing a black..........
Indian Penal Code, 1860, Section 304(Part II) -- Culpable homicide not amounting to murder - Identity of accused - Deceased specifically deposed to the clothes which were worn by assailant at the time of incident in his dying declaration - PW13, who witnessed the incident corroborated the nature of apparel worn by accused - Clothes which were recovered from accused at the..........
Evidence Act, 1872, Section 32 -- Three dying declarations - First dying declaration is completely changed after the parents met the victim in hospital - Stark contradiction leaves doubts on which of the declarations is true - the first in point of time or the one given before the SDM...........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Dying declaration - Medical opinion accepted that deceased must have survived only for a short duration after he received injuries - Extremely doubtful whether deceased had survived long enough for PWs 1 and 15 to arrive at the scene of occurrence and then make separate statements to these witnesses -..........
Evidence Act, 1872, Section 32 -- Oral dying declaration - Murder case - Deceased was not in a position to speak as per Doctor - Oral dying declaration was not mentioned in inquest report - More so, if oral dying declaration was actually made, FIR would be lodged promptly - Oral dying declaration made in presence of PWs is doubtful...........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27 -- Dying declaration - Murder of wife by husband - Gunshot injury - Deceased stated that `Inhone Mujhe Mar Diya' - Word `Inhone' points to her husband, as Hindu ladies do not refer their husband by names, they devised an easiest expression to refer them as `inhone' - Deceased..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27 -- Murder of wife by husband - Gunshot injury - Accused is a dead drinker and used to quarrel with deceased and beat her after taking liquor - He killed deceased when she was preparing food in kitchen - Disclosure statement made by accused leading to recovery of weapon in presence of witnesses duly proved on..........
Indian Penal Code, 1860, Section 304B, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(10) -- Dowry death - Appeal against acquittal - Burn injuries - Deceased admitted to hospital but died next day - No effort made to take her dying declaration - Doctor who treated deceased at Mussoorie, Dehradun and Delhi not examined - It was..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Allegation against father-in-law - Overt act of accused pouring kerosene oil and setting her on fire is proved as per dying declaration of accused recorded by Executive Magistrate - Deceased was thus, subjected to harassment at the hands of accused - Accused rightly convicted...........
