Evidence Act, 1872, Section 32 -- Dying declaration - Recorded by Judicial Magistrate - By itself not a proof of truthfulness of dying declaration - It has still to pass test of scrutiny of the Court...........
Evidence Act, 1872, Section 32 -- Dying declaration - Recorded by Judicial Magistrate who himself certified that victim was in a fit condition to make statement - Magistrate did not obtain opinion of doctor, who was available, as to fitness of victim - Not safe to base conviction on dying declaration alone...........
Evidence Act, 1872, Section 32 -- Dying declaration - Recorded by Magistrate - Magistrate can certify that injured was in a fit condition to make statement - In case medical evidence is available on record the same cannot be ignored merely because dying declaration was recorded by a Judicial Magistrate - Victim suffered 63 injuries - Medical evidence showed that some of..........
Indian Penal Code, 1860, Section 302 -- Some of the accused acquitted and others convicted - Appeal against acquittal and also against conviction - While acquitting High Court gave good and cogent reasons for the same which does not suffer with any perversity - No interference in order of acquittal - Trial Court and High Court came to conclusion that prosecution has failed..........
Evidence Act, 1872, Section 32 -- Dying declaration - Conviction can be recorded on the basis of dying declaration alone subject of course to the satisfaction of the Court that the same was true and voluntary - To ascertain truth or voluntariness of the dying declaration, Court may look to the other circumstances...........
Evidence Act, 1872, Section 32 -- Dying declaration - Conviction can be based on a dying declaration if it is voluntarily and truthfully - Consistency in the dying declaration is the relevant factor for placing full reliance thereupon...........
Evidence Act, 1872, Section 32 -- Four dying declarations - Contradictory and inconsistent stands - Dying declarations cannot be accepted on their face value...........
Evidence Act, 1872, Section 32 -- Dying declaration - Sole basis of conviction - If after careful scrutiny the Court is satisfied that it is true and free from any effort to induce the deceased to make a false statement and if it is coherent and consistent, there shall be no legal impediment to make it basis of conviction, even if there is no corroboration...........
Evidence Act, 1872, Section 32 -- Dying declaration - Doctor categorically stated that deceased was in a fit condition to give the statement - Judicial Magistrate who recorded dying declaration also stated that the deceased was in a fit condition to give the statement and was able to understand what was being asked and he answered specifically - In the aforesaid..........
Evidence Act, 1872, Section 32 -- Dying declaration - Principles governing - (i) There is neither rule of law nor of prudence that dying declaration cannot be acted upon without corroboration; (ii) If the Court is satisfied that the dying declaration is true and voluntary it can base conviction on it, without corroboration; (iii) The Court has to scrutinize the dying..........
