Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25 -- Murder - Dying declaration - Deceased was taken to police station just after the occurrence so there was no occasion for any tutoring or prompting - No doubt she must be bleeding profusely due to injuries sustained by her but only on this count her statement and FIR cannot be discarded as unreliable -..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry Death - Cruelty - Deceased died after six months of marriage by consumption of poisonous substance due to maltreatment and harassment met out by the accused and his family members - Evidence reveals that immediate before incident deceased was subjected to taunt and beatings on account of giving less dowry - Complainant..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 32 -- Cruelty and dowry Death - Dying Declaration - Proof of - Issue is about the credibility of doctor, the Executive Magistrate and mother of deceased - Mother of deceased deposed about the maltreatment met out by the deceased at the hands of accused for money - Doctor give a categorical certificate..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 32 -- Dowry death by burning - Dying declaration - 45% burn injuries - Dying declaration recorded on same day and deceased died after about 7 weeks of incident - Dying declaration does not either show cause of death or circumstances of transaction which resulted in death of deceased - Requirements of..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Conviction by High Court - Dying declaration inspires complete confidence and there is no reason to doubt veracity thereof - Order of conviction upheld...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Death due to burn injuries within two years of marriage - Accused husband took deceased to hospital within half an hour and she died after five days - Deceased declared in her dying declaration that she caught fire accidentally - Dying declaration made by deceased before Naib Tehsildar in presence of..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Evidence on record proved that deceased was subjected to harassment though not in connection with dowry demand but for other purposes - Dying declaration of deceased shows that she committed suicide by taking 4 tablets of sulphas - It is highly improbable that deceased would have taken extreme step of committing suicide if..........
Evidence Act, 1872, Section 32 -- Dying declaration - Recorded by Doctor and witnessed by two members of the staff of hospital - Doctor has not mentioned the frame of mind of deceased when dying declaration was recorded - However, there is no cross examination of doctor on this point - In these circumstances, there is no reason to disbelieve the recorded statement, as..........
Indian Penal Code, 1860, Section 302, 109 -- Murder - Deceased was found lying with bleeding injury in his abdomen in a closed room and accused `M' was present in said room clutching knife which was blood-stained - There was no possibility of any other person entering the room - Dying declaration of deceased clearly implicates accused `M' - Prosecution proved its case..........
Indian Penal Code, 1860, Section 302, 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4, Evidence Act, 1872, Section 32 -- Murder - Cruelty - Two dying declarations - Deceased stated before doctor that her mother-i, law and brother-i, law poured kerosene oil on her body and set her on fire while her husband was not there - Second dying declaration was recorded by..........
