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..........
Indian Penal Code, 1860, Section 302 -- Murder - Incident 10.30 a.m. and FIR lodged at 10.50 a.m. when police station was at a distance of 8 kilometers - Dying declaration detailed and ran into several pages - Opinion of doctor that deceased was not in a position to make statement - Carbon copy and not original of dying declaration exhibited - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Dying declaration - Recorded by a magistrate in a language not known to the deceased - Recorded with the help of the doctor who translated the answers given by the deceased to the magistrate - All precautions taken by the magistrate while recording the declaration - Finding of the trial court that..........
