Showing : 121-130 of 464 Results

SUPREME COURT OF INDIA
Year of decision: 2013
Details
Evidence Act, 1872, Section 32, Criminal Procedure Code, 1973, Section 161-- Dying declaration - Validity - Deceased had sustained grievous injuries on vital parts of his body - His statement was recorded by Investigation Officer u/s.161 Cr.P.C. - Deceased succumbed to injuries after about 24 hours - Doctor opined that in spite of nature of injuries sustained deceased was..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Evidence Act, 1872, Section 32-- Multiple dying declaration - Court has to scrutinise the evidence cautiously - Court must find out whether there is consistency particularly in material particulars therein...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Evidence Act, 1872, Section 32-- Dying declaration - 92% burn injuries - There is no thumb rule that a person sustaining a particular percentage of burn injuries would not be in a position to give any declaration...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Evidence Act, 1872, Section 32-- Dying declaration - 100% burn injuries - Thumb marking is possible if skin of thumb was not burnt - Thumb marking loses its significance when no question is put to the Executive Magistrate or to I.O. or to the doctor as to whether any part of the thumb had skin on it or not and no question is put..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Evidence Act, 1872, Section 32-- Dying declaration - 100% burn injuries - Thumb marking by deceased - Same depends upon the fact whether skin of thumb was also burnt - Even in case of such burns in the body, the skin of a small part of the body, i.e. of the thumb, may remain intact - It is a question of fact regarding whether the..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Evidence Act, 1872, Section 32-- Dying declaration - Law does not provide who can record a dying declaration - There is no prescribed form, format, or procedure for the same - Person who records dying declaration must be satisfied that the maker is in a fit state of mind and is capable of making such a statement - Requirement of..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Evidence Act, 1872, Section 32-- Dying declaration - Statement u/s 161 Cr.P.C. - It is unsafe to base reliance on the statement made u/s 161 Cr.P.C. as dying declaration without any corroboration...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Evidence Act, 1872, Section 32-- Dying declaration - 85% burns - Doctor while recording history of patient noted that it was accidental fire while cooking food - In view of categorical statement by deceased in her dying declaration to the contrary, reference made by doctor while recording history of patient does not affect..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Evidence Act, 1872, Section 32-- Dying declaration - Wrong description of names in the dying declaration and some of the relatives present at the time of recording of dying declaration - Not material contradictions which affect the prosecution case...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Evidence Act, 1872, Section 32-- Dying declaration - Made at the earliest opportunity without any influence - There is absolutely no reason to take any other view for the cause of his or her death - The statement has to be accepted as relevant and truthful one, revealing the circumstances which resulted into his death - Absence..........

Showing : 121-130 of 464 Results