Indian Penal Code, 1860, Section 302, 498A, 34, Evidence Act, 1872, Section 11 -- Murder - Death by burning - Plea of alibi - Allegation against sister-in-law (wife of brother of husband) - Accused convicted only on the basis of dying declaration of deceased - However, accused was living separately in a different house with her husband - Vague and cryptic allegations are..........
Indian Penal Code, 1860, Section 304(Part I) -- Culpable homicide not amounting to murder - PW1 is an eye witness of incident - However, PW1 has given a general and omnibus statement about assault upon deceased as well as to himself by accused, which is not even duly corroborated by medical evidence - Neither deceased nor PW1 had any injury caused by sharp edged weapon -..........
Evidence Act, 1872, Section 32 -- Dying declaration - Recorded after 8-1/2 hours of deceased declared `fit' for making her statement - No fresh certificate by doctor obtained prior to statement being recorded - Mother was with the deceased throughout - Possibility of deceased being pressurised and tutored by her mother and other family members to implicate accused cannot..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 32 -- Dowry death - Cruelty - Dying declaration - Death by burning - Deceased stated in her dying declaration that she was subjected to cruelty, harassment and dowry demands at the hands of her i, laws and husband - Dying declaration of deceased was true, voluntary and has total clarity in its..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B -- Dowry death - Cruelty - Dying declaration - Presumption - Deceased committed suicide by setting herself on fire - She was married for 13 days only - All PWs corroborated the fact that deceased was subjected to cruelty, harassment and dowry demands at the hands of her i, laws and husband -..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 376, 302 -- Dying declaration - Rape and murder - Dying declaration is not free from doubt as to manner of its recording and its contents - Deceased had suffered 100% burns all over her body - It was doubtful that even her left toe could have been used to sign dying declaration - Substantive portions of dying..........
Evidence Act, 1872, Section 32(1) -- Dying declaration - Not read over to declarant - Evidentiary value - A dying declaration cannot be rejected merely because the same was not read over to declarant and declarant admitting the same to be correctly recorded - Rather this can be one of the factors, if it assumes significance in facts and circumstances of any case...........
Evidence Act, 1872, Section 32(1) -- Dying declaration - General principles to be kept in mind are : (a) That it is not a weaker kind of evidence and it stands on same footing as other evidence and (b) that there is no absolute rule of law that it cannot form sole basis of conviction, unless corroborated by other independent evidence...........
Evidence Act, 1872, Section 32(1) -- Dying declaration recorded by independent person, who is neither a relative nor a friend nor interested in deposing against the accused, there should be no hesitation in accepting his version on the aspects that - (a) the declarant had an opportunity to observe and identify the assailant, (b) the declarant was in a conscious and fit..........
Evidence Act, 1872, Section 32(1) -- Absence of an endorsement in dying declaration : (a) By a doctor regrading fitness of mind of declarant, or (b) that statement was read over and explained to declarant, who found it to be correct - Cannot be the reason for holding that dying declaration is unacceptable, if Court is otherwise satisfied that such a dying declaration..........
