Indian Penal Code, 1860, Section 302, 304 Part II -- Murder - Bride burning - Prosecution alleged that sister-in-law and mother-in-law of deceased poured kerosene on deceased and set her on fire - Deceased rushed outside with flames on her person shouting for help - Accused did not try to save deceased - Relationship of accused and deceased not cordial - Case of stove..........
Evidence Act, 1872, Section 32(1) -- Dying declaration - Recording of - Deceased knew Hindi language only - Magistrate asked questions in English and doctor translated it - Deceased gave answers in Hindi - Both Magistrate and doctor had working knowledge of Hindi - Magistrate noted gestures of deceased - Possibility of any tutored statement ruled out - Dying declaration..........
Evidence Act, 1872, Section 32 -- Dying declaration - Recorded by Police Officer - Doctor opined that deceased was in a fit state of mind to make the statement but present when statement was recorded and that the said statement was signed by deceased in token of its correctness - Adds credibility to the same...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Dying declaration that she was a psychic and that she committed suicide and that no person from her in-laws family be held responsible for the same - Father of deceased withdrew Rs.24,000 from Bank account of deceased - Order of acquittal upheld...........
Evidence Act, 1872, Section 32 -- Dying declaration - Fit to make dying declaration certified by doctor who conducted the post mortem - Deceased had 95% burn injuries and she was put on oxygen the moment she was brought to hospital and continued on oxygen till she died - In such a situation it is difficult to believe that she could have made a dying declaration when she..........
Indian Penal Code, 1860, Section 300 -- Conviction - Appeal against - Accused gagged the mouth of her wife, tied her hands, poured kerosene and set her on fire - Deceased succumbed to burn injuries after 25 days - Court did not found any reason to disbelieve her statement made at hospital - Her statement to police treated as complaint and not as dying declaration - PWs 1..........
Evidence Act, 1872, Section 32(1) -- Dying declaration - Once the Court comes to the conclusion that the declaration is a truthful version, there is no question of further corroboration...........
Evidence Act, 1872, Section 32 -- Dying declaration - Answer to queries given by husband of deceased - Deceased affirmed the answer - In true sense it cannot be called a dying declaration...........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 154, Evidence Act, 1872, Section 32(1) -- Murder - Death of victim after lodging FIR - Held, information given to Police can be treated as dying declaration...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32(1) -- Dying declaration - Reliability - Death of deceased took place after lodging FIR - Deceased's mother was present at the time of lodging of FIR - Occurance of death after lodging of FIR will not result into presumption of tutoring - Further, merely that there was a thumb impression on the FIR instead..........
