Evidence Act, 1872, Section 32(1) -- Dying declaration - Reliability - Dowry death - Accused specifically deposed against husband and i, laws - Doctor recorded dying declaration - No attempt made by accused to reveal incapacity of wife to speak while in hospital - Mere fact that victim's relatives had access to her, is by itself no reason to hold that victim gave a tutored..........
Civil Procedure Code, 1908, Section 11, Evidence Act, 1872, Section 45 -- Res judicata - Applicability - Omission pointed out by party - Handwriting in dispute - FSL report while rendering its opinion as to hand writing, omitted to render its opinion as to thumb impression - Omission pointed by parties - Merely because the omission was pointed out by parties to lis, it..........
Will -- Suspicious circumstances - Will bearing thumb impression of testator without mentioning whether it is left or right thumb impression - Even, Will not acted upon for 28 years - Moreover, it is highly improbable that testator executed Will in favour of appellant while completely depriving his other children from property in question - Therefore, due execution of Will..........
Agreement to sell -- Proof - Little bit different spacing of last four lines - Nothing important written in those last four lines - On careful examination of agreement to sell, it does not appear that blank thumb impression and signed papers have been used for drafting agreement to sell...........
Will -- Suspicious circumstances - Mere use of thumb impression by testatrix instead of signature - Does not constitute suspicious circumstance...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder of wife by husband - Dying declaration - In the instant case, deceased was murdered by pouring kerosene oil and setting fire due to which deceased sustained 80% burn injuries - Statement of deceased recorded on presence of SDM not reliable as it suffers from incongruities and inconsistencies -..........
Will -- Execution - Proof - Attesting witness not able to identify his thumb impression due to old age being 70 years of age - However in examination-in-chief he stated that Will was executed in his presence and testator and other attesting witness signed/thumb marked the Will in his presence and he also thumb marked the Will in the presence of testator - Held, once..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302 -- Statement of DW1 an eye witness - Murder case - DW1 made an all out effort to save accused rather than stating truth - He denied having affixed his thumb impression on any memo pertaining to taking into possession blood stained soil, mattress, khes by police which bears his thumb impression along with..........
Agreement to sell -- Execution - Defendant put up four thumb impressions on agreement to sell - One of thumb impression is on a revenue stamp paper - Normally this thumb impression is put at the time when amount is being received - Contention of defendant that he handed over some papers to one person on which agreement to sell has been forged rejected...........
Indian Penal Code, 1860, Section 302, 498A, Evidence Act, 1872, Section 32 -- Dying declaration - Murder - Cruelty - Death by burning - Deceased stated in her parcha byan that accused poured kerosene oil upon her and set her on fire - Statement of deceased recorded when she was seriously injured that too after 4 days from the date of her admission to hospital - No..........
