Evidence Act, 1872, Section 32 -- Dying declaration - Not signed by its maker - Statement of doctor that the hands of the deceased were completely burnt and she was unable to put her signature/thumb impression on the statement - Dying declaration cannot be rejected merely for this reason...........
Evidence Act, 1872, Section 32 -- Dying declaration - Patient in a fit state of mind to make the statement - Certificate of doctor - Doctor certified on the docket that patient is fit to record her statement - Dying declaration bearing attestation of the doctor at its footnote - Dying declaration cannot be rejected merely for the reason that there is no certificate of..........
Evidence Act, 1872, Section 32, 155, 157, Criminal Procedure Code, 1973, Section 164 -- Dying declaration - Maker of proported dying declaration when survives - Statement is not one u/s 32 Evidence Act - It is a statement in terms of S.164 Cr.P.C. and can be used under Section 157 of the Evidence Act for the purpose of corroboration and under Section 155 for the purpose of..........
Indian Penal Code, 1860, Section 302 -- Mother-in-law - Conviction on basis of dying declaration - Report relating to occurrence lodged after one year of occurrence - Dying declaration alleged to be made to mother and second dying declaration recorded by Head Constable after deceased was brought to hospital - Deceased stated that she had been forced to take poison - No..........
Indian Penal Code, 1860, Section 302 -- Assault by six persons armed with weapons, knife, rod and sticks - Oral dying declaration made to PW1 and second dying declaration recorded by doctor and three eye witnesses - PW1 not wholly reliable - FIR lodged by him mentioned dying declaration naming only accused A1 and A2 and one unidentified person as assailants - In trial he..........
Evidence Act, 1872, Section 32 -- Dying Declaration - Suicide - Two dying declarations - In first dying declaration only a general allegation against mother in law - Second dying declaration recorded by a Head constable after 5 minutes of first dying declaration - Allegation of harassment against husband and mother in law - Dying declarations not consistent - Not safe to..........
Evidence Act, 1872, Section 32 -- Two dying declarations - One recorded by Police and second by Magistrate - Glaring contradictions in the two dying declarations - Even the motives given in two dying declaration entirety different - Held, contradictions create a doubt as to whether the injury suffered by deceased was really because of the act of the accused or was a..........
Indian Penal Code, 1860, Section 302, 498A, 34, Evidence Act, 1872, Section 32 -- Dowry death - Conviction of husband and his father - Dying declaration by deceased to police official and second dying declaration recorded by Executive Magistrate - Both dying declarations recorded in presence of doctor and certified by doctor that victim was conscious and in a fit state of..........
Evidence Act, 1872, Section 32 -- Dying declaration - In law there is no bar in acting on a part of the dying declaration but it has to pass the test of reliability...........
Evidence Act, 1872, Section 32 -- Dying declaration - Made by a person on the verge of his death has a special sanctity as at that solemn moment a person is most unlikely to make any untrue statement - The shadow of impending death is by itself guarantee of the truth of the statement of the deceased regarding circumstances leading to his death - However, dying declaration..........
