Evidence Act, 1872, Section 32 -- Dying declaration - Certain discrepancies in time recorded in dying declaration and use of certain words which are not in common use - Death took place after four days of recording dying declaration - No material discrepancy in dying declaration - Dying declaration cannot be disbelieved merely for the discrepancy in recording time as well..........
Indian Penal Code, 1860, Section 34 -- Common intention - Plea that accused No.2 was a mere by stander and no role whatsoever in the commission of crime is attributed to him - Accused No.2 helped accused No.1 to make good his escape form the place of occurrence - Both the accused had jointly planned and committed the crime - Various eye witnesses identified the two accused..........
Indian Penal Code, 1860, Section 306, 498A -- Deceased wife of accused committed suicide by setting her self on fire - Deceased had suffered 50 to 60 per cent burn injuries and dying declaration was recorded by Magistrate - Appeal against acquittal-Earlier dying declaration recorded by police described incident to be an accident and exonerated accused-Later dying..........
Evidence Act, 1872, Section 32 -- Dying declaration - Calmpose given to deceased to reduce her pain from burn injuries - Plea that once calmpose is given patient will be immediately unfit to make the statement - Held, normally calmpose would not make a person instantly unconscious or instantly sedate him to the extent that the person would not be able to speak - The..........
Indian Penal Code, 1860, Section 302, 304(Part II), Evidence Act, 1872, Section 32 -- Dying declaration - Murder Case - Circumstantial evidence - Accused convicted on basis of three dying declaration made by deceased i.e. one before doctor, second before PSI and third before Executive Magistrate - All dying declarations were consistent with regard to the fact that accused..........
Evidence Act, 1872, Section 32 -- Dying declaration - Recorded by ASI in presence of doctor - Doctor endorsed that deceased was in a fit mental condition to depose before the police - Pouring kerosene and setting ablaze - Presence of kerosene residue on the inner and outer garments provides strong corroboration of the version in the dying declaration in the FSL Report -..........
Evidence Act, 1872, Section 32 -- Oral dying declaration - The oral dying declaration is a weak kind of evidence, where the exact words uttered by the deceased are not available, particularly because of the failure of memory of the witnesses who are said to have heard it...........
Evidence Act, 1872, Section 32 -- Oral dying declaration - No medical evidence suggesting that deceased was in a fit medical condition to make such a dying declaration - Exact words differing from witness to witness - Some witnesses say about the name of the village of the appellant having been uttered by the deceased and some others do not - Though the witnesses claimed..........
Evidence Act, 1872, Section 32 -- Dying declaration - 100% burn injuries - Evidence of doctor, general in nature, who conducted post mortem examination that a person with 100% burn injuries could also make a lucid statement - Doctor who had given a positive opinion that deceased was in a fit condition to make a statement not cited as a prosecution witness - Dying..........
Evidence Act, 1872, Section 32 -- Dying declaration - No mention of pouring kerosene oil in dying declaration - Whereas deceased while being taken to hospital told PW1 that kerosene oil was poured on her and was set on fire with a match stick - Evidence of sister, parents and independent witnesses that deceased was harassed for almost three years right from the marriage..........
