Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Three dying declarations - No material contradiction or infirmity in written dying declaration and two oral dying declarations - Incident took place in the house of deceased when he was alone thus corroboration was not possible - Dying declaration not outcome of any tutoring, prompting or..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Dying declaration - Murder - Neither doctor was produced who has stated that deceased was in fit state of mind to make statement, nor I.O was produced to prove such statement - There was gap of two days from date of recording of such statement and time of death of deceased - No corroborative evidence..........
Evidence Act, 1872, Section 32 -- Dying declaration - Doctors certificate and who records it - These questions are fact dependent - No stereotypical approach can be adopted by Courts...........
Evidence Act, 1872, Section 32 -- Dying declaration - Multiple dying declarations in a case of burns and victim when succumbed to burn injuries - Test of credibility, having regard to overall facts on record, has to be adopted...........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 32 -- Cruelty - Two dying declarations - Appellant not named in the first dying declaration - Second dying declaration alone elaborates acts of cruelty - Secondly dying declaration rejected completely by High Court - As far as recovery of articles and smell of kerosene is considered they are circumstances..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 328 -- Oral dying declaration - Murder - Brother of deceased stated that deceased made declaration before doctor, but such doctor has not been examined - No material on record to show that deceased was in a fit mental condition at the time of making dying declaration - There are certain discrepancies..........
Evidence Act, 1872, Section 32 -- Dying declaration - It cannot be laid down as a general rule that dying declaration without certification of state of consciousness should be rejected...........
Evidence Act, 1872, Section 32 -- Dying declaration - Rape and murder - Mere absence of forensic corroboration of dying declaration will not falsify dying declaration, which otherwise is held to be voluntary and truthful...........
Indian Penal Code, 1860, Section 376, 302, Evidence Act, 1872, Section 32 -- Rape and murder - Death by burning - Dying declaration made by deceased naming accused as person who raped her and set her on fire when she insisted that he should marry her - Dying declaration of deceased thus, unequivocally and unambiguously points to guilt of accused - Merely because it was not..........
Indian Penal Code, 1860, Section 302, 341, 376, 448, Evidence Act, 1872, Section 32 -- Murder and rape - Acquittal - Dying declaration - Statement of the deceased discloses that the accused raped her and poured kerosene that she sustained the burn injuries, it resulted in death - Therefore, the statement of the deceased satisfies the conditions in S.32(1) of the Act about..........
