Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3,4, Evidence Act, 1872, Section 32 -- Dying declaration - Deceased set on fire by mother-in-law who was aged 70 years old and no one else was present at the time of incident - Held, it is a basic human instinct that no one gives up easily when it comes to taking away one's life - Deceased..........
Evidence Act, 1872, Section 32 -- Dying declaration - Not in question answer form - By itself does not diminish the evidentiary value of dying declaration...........
Evidence Act, 1872, Section 32 -- Dying declaration - 99% burn injuries - Dying declaration recorded by Executive Magistrate - Doctor stated deceased was conscious and fit to make a statement - Doctor did not ascertained the mental fitness of deceased to make a rational statement - Executive Magistrate did not ask sufficient preliminary questions to ascertain whether she..........
Evidence Act, 1872, Section 32 -- Dying declaration - 99% burn injuries - Detailed and categorical statement - Not believable - Dying declaration not reliable...........
Evidence Act, 1872, Section 32 -- Dying declaration - Contradictions and inconsistencies - Evidentiary value - If the infirmities such as contradictions or inconsistencies or improvements in a version of the witness would make the Court doubt the truth of such version, then the same or similar infirmities in a dying declaration also should make the Court doubt the version..........
Evidence Act, 1872, Section 32 -- Dying declaration - Relatives were present by the side of deceased before they were sent out side - Held, there are all chances of their promptness to the deceased to make a suitable statement as they knew that Magistrate was likely to reach the hospital for her examination...........
Evidence Act, 1872, Section 32 -- Dying declaration - Creating many doubts which were unexplained - It also indicates of tutoring and product of imagination - Held, it is difficult to believe that dying declaration was voluntary and free from any influence...........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 32, 113B -- Dowry death - Dying declaration - Deceased died within 5-1/2 years of her marriage - She was residing in her parental house at the time of occurrence - Dying declaration creates many doubts which stands unexplained - It also indicates of tutoring and product of imagination - There is..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B -- Dowry death - Deceased died within 5-1/2 years of her marriage - There was demand of dowry 8-9 months prior to occurrence and at that time she was residing in her parental house - No evidence on record as to what actual dowry was given at the time of marriage - No evidence that after coming..........
Evidence Act, 1872, Section 32 -- Dying declaration - FIR - Death of maker of it - FIR is admissible in evidence as dying declaration u/s 32(1) of Evidence Act as it relates to the cause of death of informant made soon after the incident...........
