Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Death of woman by pouring kerosene and set her on fire - Dying declaration - Involvement of six family members - Every body roped in for every event as such it is not possible to segregate or sever the actions of one from another - Two accused proved plea of alibi - Events show that deceased was very..........
Evidence Act, 1872, Section 32 -- Dying declaration - Conviction can be based on a dying declaration recorded properly when the declarant is in a fit mental condition to make it - It should be truthful and voluntary...........
Evidence Act, 1872, Section 32 -- Dying declaration - Minor discrepancy in the time of recording of dying declaration - Creates no dent in the prosecution story which is, otherwise, substantiated by reliable evidence...........
Evidence Act, 1872, Section 32, 157 -- Dying declaration - Statement made in expectation of death but the person making the statement did not die - Statement cannot be treated as dying declaration - Such statement has to be dealt with u/s 157 of Evidence Act which provides that the former statement of a witness may be proved to corroborate later testimony as to the same..........
Evidence Act, 1872, Section 32 -- Dying declaration - Non examination of ASI who recorded dying declaration - Expalanton given was that attendance of ASI could not be secured inspite of summons issued and letters written to S.P. - Held, this is not a convincing explanation...........
Evidence Act, 1872, Section 32 -- Dying declaration - Absence of medical certificate that deceased was in medically fit condition for giving statement - Though such certificate is not mandatory - Still it is duty of the officer who recorded the same to mention whether the deceased was in mentally and medically fit condition for making such statement, particularly when the..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Ominous allegations levelled against i, laws - Nothing on record to suggest that deceased was subjected to cruelty and harassment "soon before her death" and "in connection with the demand of dowry" - Deceased did not made any statement in her dying declaration indicating demand of dowry - Held, evidence of cruelty and..........
Evidence Act, 1872, Section 32 -- Dying declaration - Reliability - Deceased made two dying declarations and has consistently named respondent as the person for cause of her burn injuries - Said dying declarations corroborated both by circumstantial evidence and direct evidence - Held, even though Magistrate was not requisitioned for recording dying declarations High Court..........
Evidence Act, 1872, Section 32, 63, 65 -- Dying declaration - Secondary evidence - Original dying declaration not traceable/available - Can be proved by way of secondary evidence in view of Ss.63 & 65 of Evidence Act...........
Evidence Act, 1872, Section 32 -- Dying declaration - 100% burn injuries - Thumb impression of victim - Depends upon facts, as regards whether the skin of the 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 skin of the thumb had in fact..........
