Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Deceased died due to burn injuries - Incident occurred in the house of accused and deceased - Accused was with his wife/deceased at the relevant time - Since deceased died of an unnatural death in the room occupied by her and accused, it was the obligation of accused..........
Indian Penal Code, 1860, Section 302 -- Murder of wife - Accused allegedly committed murder of his wife threw dead body in Nallah - Body of deceased had torture marks including burn marks - Evidence on record shows that immediately before death, deceased was living with her husband - Burden is on accused u/s 106 of Evidence Act to explain the circumstances in which..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Death by burning - Deceased sustained 98% burn injuries - Deceased in her last statement to doctor stated that she sustained burns while she was cooking food - It is also recorded by doctor that smell of kerosene was absent - More so, joint reading of statements of Doctor, in charge of PCR van recorded u/s 161 Cr.P.C.,..........
Evidence Act, 1872, Section 32 -- Dying declaration - Percentage of burns - Not determinative factor to affect credibility of dying declaration and improbability of its recording - It depends upon nature of burn, part of the body affected by the burn, impact of burn on the faculties to think and convey the idea or facts coming to mind and other relevant factors...........
Evidence Act, 1872, Section 32 -- Dying declaration - 100% burn injuries - Doctor found that declarant in conscious state of mind and competent to give statement - Dying declaration cannot be discarded merely by the extent of burns particularly when defence is not able to elicit anything from the cross-examination of doctor that her mental faculties were totally impaired..........
Evidence Act, 1872, Section 32 -- Dying declaration - 100% burn injuries - Specific certification by doctor about fitness of deceased that she remained fit while recoding statement, the mere effect that she suffered 100% burns does not ipso facto lead to conclusion that deceased was unconscious or that she was not in a proper state of mind to make a statement...........
Indian Penal Code, 1860, Section 304B, 302, 201, 34, Evidence Act, 1872, Section 3 -- Dowry death - Appreciation of evidence - One of the brother of deceased has clearly deposed that deceased died accidentally and that deceased has also informed him before her death that her husband and his family members had never demanded any dowry - Even , photographs reveal that at the..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 304B -- Dying declaration - Dowry death of a pregnant woman - Death by burning within 9 months of marriage - Deceased suffered 80 to 85% of burn injuries - Dying declaration set up by defence has to be rejected as it is suspicious and cannot be acted upon - It is recorded by I.O without any medical..........
Indian Penal Code, 1860, Section 302, 498A, Evidence Act, 1872, Section 32 -- Murder - Death by burning - Oral dying declaration - Deceased suffered 85% burn injuries - Dying declaration stands clearly established on record through testimony of nurse as also mother of victim - Testimonies of said witnesses fully inspires confidence, as they disclosed the events which took..........
Indian Penal Code, 1860, Section 302, 498A -- Murder - Death by burning - Deceased suffered 85% burn injuries - Conduct of accused not ensuring proper medical treatment to deceased conclusively establishes his guilt - Defence of accused that it was case of accident by bursting of stove, not proved on record, as no telltale signs of bursting of a stove were found on spot -..........
