Evidence Act, 1872, Section 32 -- Dying declaration - Mere failure of doctor not to issue certificate on the very statement and rather endorsing or certifying on other communication, itself will not be a good ground to raise doubt about capacity of deceased to give dying declaration - Even otherwise, certificate by doctor is mere rule of caution and not a necessity -..........
Evidence Act, 1872, Section 32 -- Dying declaration - Mere failure of doctor not to issue certificate on the very statement and rather endorsing or certifying on other communication, itself will not be a good ground to raise doubt about capacity of deceased to give dying declaration - Even otherwise, certificate by doctor is mere rule of caution and not a necessity -..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Two dying declarations - Murder - Both the dying declarations are consistent regarding suspicious character of accused husband, he arriving home under influence of liquor and that time, his mother and daughter were outside the Courtyard - Infirmities as pointed by accused not assume much significance -..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Two dying declarations - Murder - Both the dying declarations are consistent regarding suspicious character of accused husband, he arriving home under influence of liquor and that time, his mother and daughter were outside the Courtyard - Infirmities as pointed by accused not assume much significance -..........
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...........
