Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32(1) -- Dowry death - Prior to the incident there was no complaint of ill treatment, harassment or dowry demand either by parents of deceased or by deceased herself - In view of several infirmities in oral dying declaration stated to have been made by deceased are worthy of no credence - No steps taken by..........
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(1) -- Dying declaration - Held, where after making statement before police, victim succumbs to her injuries statement can be treated as a dying declaration and is admissible u/s 32(1) of Evidence Act...........
Indian Penal Code, 1860, Section 302, 304(Part II), Evidence Act, 1872, Section 3, 32 -- Murder or culpable homicide not amounting to murder - Proof - Appellant without any premeditation set fire on clothes of prosecutrix after dousing her with kerosene - Incident admittedly took place when prosecutrix resisted appellant to commit rape - In FIR, a dying declaration, it was..........
Punjab Police Rules, 1934, Rule 16.32 -- Revision - Mercy petition - Held, R.16.32 deals with revision which is permissible under certain specified circumstances, after appeal is rejected - Provision in R.16.32 talks of revision on certain grounds namely - (a) material irregularity in proceedings or (b) on provision of fresh evidence - U/R.16.32 an employee can seek..........
Punjab Police Rules, 1934, Rule 16.32 -- Revision - Mercy petition - No grounds for mercy are stated except showing that lenient view be taken - Mercy petition was not filed within one month - Further, it was not filed on ground of material irregularity in proceedings or by producing any fresh evidence - On contrary, DGP while allowing mercy petition specifically recorded..........
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..........