Evidence Act, 1872, Section 32 -- Dying declaration - Principles laid down by Supreme Court : (i) There is neither rule of law nor of prudence that dying declaration cannot be acted upon without corroboration; (ii) If the Court is satisfied that the dying declaration is true and voluntary it can base conviction on it, without corroboration; (iii) Court has to scrutinise..........
Evidence Act, 1872, Section 32 -- Dying declaration - Mother-in-law aged 82 years who walked with a stick alleged to have poured kerosene oil on deceased aged 22 years on which she started running and thereafter accused set her on fire - Held, it is not possible for accused to set deceased on fire when she started running - Dying declaration does not inspire confidence...........
Evidence Act, 1872, Section 32 -- Dying declaration - There is no law which mandates that a dying declaration should be recorded only by a Magistrate...........
Evidence Act, 1872, Section 32 -- Dying declaration - Recorded by a senior clerk appointed by Tehsildar to act as an Executive Magistrate for that purpose - Such a dying declaration does not gets same sanctity as a dying declaration recorded by a Magistrate - There is no law which mandates that a dying declaration should be recorded only by a Magistrate...........
Evidence Act, 1872, Section 32 -- Dying declaration - Kerosene poured and deceased set on fire - Non detection of kerosene residues from partially burnt clothes - Not fatal when it is no one's case that deceased was totally doused before she was set ablaze...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32(1) -- Murder - Death by burn injuries - Dying declaration - Evidence of mother of deceased that her daughter was not happy with the accused - Victim was conscious when brought to hospital and gave history of being burnt by her husband - Satisfactory explanation was given by PW2 Doctor as to why..........
Evidence Act, 1872, Section 32 -- Dying declaration - If inspires confidence can be the sole basis for conviction...........
Evidence Act, 1872, Section 32 -- Dying declaration - Non mentioning of fact that PW3 his son was present on the spot - Dying declaration cannot be disbelieved merely for this reason as it has nothing to do with veracity and creditworthiness of dying declaration...........
Evidence Act, 1872, Section 32 -- Dying declaration - Recorded by doctor - Disbelieved by High Court for the reason that doctor did not state that deceased was in a fit mental condition to give dying declaration and throughout remained conscious when statement was recorded - Doctor himself recorded dying declaration - Doctor stated that deceased must have gone in shock at..........
Evidence Act, 1872, Section 32 -- Dying declaration - It cannot be presumed that dying declaration was read over and explained unless it is so mentioned in the dying declaration...........
