Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying Declaration - 100% burn injuries - Deceased stated in her dying declaration before doctor that accused burnt her - Nothing can have been more contemporaneous than dying declaration of deceased, prior to her death - No one from family of deceased is stated to have been present in the..........
Evidence Act, 1872, Section 32 -- Dying declaration - Can be oral or in writing and any adequate method of communication whether by words or by signs or otherwise will suffice, provided the communication is positive and definite...........
Evidence Act, 1872, Section 32 -- Dying declaration - 100% burn injuries - Dying declaration by a person who sustained 100% burn injuries can be accepted if it is found that dying declaration is absolutely credible and nothing is brought on record that deceased was in such a condition that she cannot make a dying declaration...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Oral dying declaration - 100% burn injuries - Plea of false implication - PW3 daughter of deceased who witnessed the occurrence has informed PW1, brother of deceased who immediately rushed towards the house of deceased and she told him that her husband poured kerosene on her - Oral dying..........
Evidence Act, 1872, Section 32 -- Dying declaration - Chain or sequence of events leading to recording of dying declaration - Injured when brought to hospital indicates foul play : (i) It is duty of doctor to inform police; (ii) I.O. to alert the jurisdictional Magistrate; (iii) Magistrate to immediately examine the injured; (iv) If it is impossible for Magistrate to..........
Evidence Act, 1872, Section 32 -- Dying declaration - When a dying declaration relating to circumstances of transaction which resulted in death of a person making the declaration are integral part of circumstances resulting in death of any other person, such dying declaration has relevance for death of such other person also...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Death by burning - Dying declaration - Accused poured kerosene oil on deceased and set her on fire - Dying declaration of deceased is inadmissible and not reliable as it was recorded without certifying the fit condition of deceased and it does not bear the signature or thumb mark of deceased - Mother..........
Evidence Act, 1872, Section 32 -- Oral dying declaration - 70% burn injuries - Does not raise an assumption that deceased could not have given oral dying declaration...........
Evidence Act, 1872, Section 32 -- Oral dying declaration - Believed as it did not suffer from any infirmity...........
Evidence Act, 1872, Section 32 -- Dying declaration - Absence of time when it was recorded - Dying declaration cannot be believed...........
