Evidence Act, 1872, Section 32 -- Dying declaration - Non-mentioning of minute details cannot be a ground to reject the said declaration and brief statement would suffice...........
Evidence Act, 1872, Section 32 -- Dying declaration - If evidence on record would suggest that deceased was not in a fit condition to make statement or declaration, medical opinion cannot prevail...........
Evidence Act, 1872, Section 32 -- Dying declaration - Death by burning - Physical disability suffered by deceased on account of burn injuries sustained would not disentitle her to make statement, particularly when said statement had been made consciously knowing consequences thereof and such statement or declaration cannot be brushed aside only on the ground of burn..........
Evidence Act, 1872, Section 32 -- Dying declaration - Death by burning - PW25 who recorded the dying declaration has categorically stated that deceased was conscious and she was in a condition to speak - Contents of dying declaration suggests possible explanation of occurrence of incident and it also appears to be truthful version of maker - Dying declaration is reliable...........
Indian Penal Code, 1860, Section 304B, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Dying declaration of deceased is reliable, however, it would not suggest that there was any proximate nexus to the act of committing suicide on account of preceding demand for dowry on any particular date having triggered the deceased to commit suicide or forced her to self..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Dying declaration of deceased disclosed that she was unable to withstand the torture meted out, which resulted in her committing suicide would suffice to convict accused for offence punishable u/s 498-A IPC - Accused rightly convicted u/s 498-A IPC...........
Criminal Procedure Code, 1973, Section 228 -- Omission to frame charge u/s 306 IPC - Deceased in her dying declaration clearly stated that deceased was mentally traumatized and she was unable to tolerate the torture and harassment meted out by accused on account of which she committed suicide - It is this taunting or mental torture which she could not withstand and forced..........
Specific Relief Act, 1963, Section 38, 34 -- Suit for permanent injunction simpliciter without seeking relief of declaration - When in a suit for perpetual injunction based on title, defendant pleads perfection of his title by adverse possession against plaintiff or his predecessor, plaintiff need not claim a declaration of title, as there was no cloud on title of..........
Evidence Act, 1872, Section 32 -- Dying declaration - Recorded by Executive Magistrate at 4.40 p.m. whereas opinion with regard to fitness was given at 6.00 p.m. - Doctor further admitted that he had not mentioned in the bed head ticked that he had attested the statement of deceased at 4.40 p.m. - It is doubtful as to whether doctor had really examined deceased with regard..........
Evidence Act, 1872, Section 32 -- Dying declaration - Disbelieved qua one accused - Same dying declaration cannot be made basis to convict another accused - Accused acquitted...........
