Evidence Act, 1872, Section 32 -- Dying declaration - Held, in order to make statement of a dead person admissible in law (written or verbal), statement must be as to the cause of her death or as to any of the circumstance of transactions which resulted in her death in cases in which the cause of death comes into question...........
Evidence Act, 1872, Section 32 -- Dying declaration - Statement recorded by Investigating Officer at hospital treated as FIR - At the time of recording statement investigating officer did not possess capacity of investigating officer as investigation had not commenced by then - Such statement could be treated as dying declaration u/s 32(1) of the Act...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Appeal against conviction - Deceased set ablaze by wife, co-brother, father-in-law and brother-in-law - Material facts stated in dying declaration corroborated by various witnesses and attending circumstances - Wife gave kerosene on the asking of her father without knowing for what purpose kerosene has been obtained by..........
Evidence Act, 1872, Section 32 -- Dying declaration - Loss of original recorded dying declaration - Prosecution is entitled to give secondary evidence thereof...........
Evidence Act, 1872, Section 32 -- Dying declaration - Proof - If it is in writing, the scribe must be produced in the Court and if it is verbal, it should be proved by examining the person who heard the deceased making the statement - When original recorded dying declaration is lost, prosecution is entitled to give secondary evidence thereof...........
Evidence Act, 1872, Section 32 -- Dying declaration - 'As to any of the circumstances of the transaction which resulted in his death' appearing in the provision means that there must be some proximate relation to the actual occurrence i.e. the statement of the deceased relating to the cause of death or the circumstances of the transaction which resulted in his death must..........
Evidence Act, 1872, Section 32 -- Rape victim - Committed suicide after 5-1/2 months after alleged rape - Statement of prosecutrix did not directly state any fact regarding cause of her death - Statement not disclosing her mind for committing suicide allegedly on account of humiliation to which she was subjected to on account of rape committed on her - Prosecution evidence..........
Indian Penal Code, 1860, Section 376 -- Rape - Gang rape - Appeal against conviction - FIR lodged after 11 days of incident - Proseuctrix committed suicide after 5-1/2 months - Statement of proseuctrix did not directly state any fact regarding cause of death - Proseuctrix did not disclose her mind at or about time of making statement for committing suicide on account of..........
Evidence Act, 1872, Section 32 -- Dying declaration - Absence of details of incident - Effect - In dying declaration deceased has given a brief sketch as to how accused persons arrived at scene of occurrence and started assaulting prosecution party - Held, it is not expected at that stage to give a detailed account particularly when person concerned himself was severely..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Proof - There were three strikes inflicted on deceased - Daggers were recovered pursuant to information elicited from A-1, A-2 and A-3 but not from A-4 - If all three persons were armed with dagger and A-4 possibly would not have been armed with daggers it is reasonable to think that among three..........
