Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Oral dying declarations - Husband alleged to have poured kerosene oil on deceased and set her ablaze - Two oral dying declarations to two sisters - Delay in lodging FIR though police station very near to place of occurrence - One of the sisters to whom oral dying declaration was made neither in FIR nor..........
Evidence Act, 1872, Section 32 -- Dying declaration - Before start of recoding declaration doctor did not certify that victim was in a fit condition to make statement - Magistrate put some questions and then recorded that victim was in fit condition - Doctor recorded at the end that patient was conscious while recording statement - Consciousness cannot be equated to..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 24, 32 -- Murder - Conviction on basis of dying declaration and extra judicial confession - Appeal against - Dying declaration inconsistent as regards part played by appellant-accused - Alleged extra judicial confession to a Sarpanch who was not a relative - No independent evidence to corroborate..........
Evidence Act, 1872, Section 32 -- Dying declaration - Is admissible in civil suits also...........
Evidence Act, 1872, Section 32 -- Dying declaration - Principles of evaluation - Dying declaration is relevant whether the person who makes it was or was not under expectation of death at the time of declaration - Dying declaration is admissible not only in the case of homicide but also in civil suits - The general principle on which this species of evidence are admitted..........
Evidence Act, 1872, Section 32 -- Dying declaration - If the Court has even a slight doubt about the mental soundness of the author of the dying declaration it would be unsafe to base a conviction on such a statement...........
Evidence Act, 1872, Section 32 -- Dying declaration - Eight dying declarations - Three dying declarations recorded by a doctor, Executive Magistrate and Judicial Magistrate - Dying declaration of Executive Magistrate not in his hand but in fact it was written by one constable as it was difficult to write with his trembling hand - Merely because this fact not mentioned in..........
Evidence Act, 1872, Section 32 -- Three oral dying declarations and two written dying declarations - Deceased stated in all dying declarations that accused had set her ablaze - Written dying declaration recorded after doctor certified that victim was in fit condition - Oral dying declarations made to neighbours who took her to hospital - No reason to doubt dying..........
Evidence Act, 1872, Section 32 -- Dying declaration - Endorsement of doctor that declarant was in fit condition to make statement made not on the dying declaration itself but on the application - Does not render the dying declaration suspicious in any manner...........
Evidence Act, 1872, Section 32 -- Dying declaration - Person who gave statement alive - It is not a dying declaration and not admissible u/s 32 of the Evidence Act - As long as maker of statement is alive it would remain in the realm of statement recorded during investigation...........
