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..........
Indian Penal Code, 1860, Section 376, 302 -- Rape and murder - Dying declaration of deceased not proved on record - Forensic evidence negates charge of rape having been committed on deceased shortly prior to her death - Prosecution not able to conclusively prove presence of accused at the scene of crime at the relevant time - Room in which deceased was found in burn..........
Indian Penal Code, 1860, Section 302, 448 -- Murder - PW1, wife of deceased stated that accused armed with Khukri came outside their house and called deceased and thereafter assaulted her husband as a result he died - PW2, who was called for help by PW1 is not the eye witness but she saw accused and heard him shouting that he would kill deceased - Her evidence is..........
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..........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 32 -- Cruelty - Dying declaration - Relatives, sister and brother deposed that she used to tell them regarding ill-treatment, physical and mental harassment on the part of accused - However, there is no evidence in the nature as revealed from dying declaration that she was incessantly ill-treated mentally,..........
Evidence Act, 1872, Section 32 -- Dying declaration - Before conviction can be made on dying declaration, Court must be fully satisfied that dying declaration is reliable in the sense that it was actually made by the accused when fully possessed of the power to understand implications of her statement and it was made without any exterior influence or ulterior motive...........
Evidence Act, 1872, Section 32 -- Dying declaration - Once Court is satisfied that dying declaration is true and voluntary, it is sufficient to find conviction even without any corroboration...........
