Evidence Act, 1872, Section 32 -- Dying declaration - Deceased seriously injured - He must be in great pain - It is inconceivable that deceased would make a dying declaration giving minute particulars like fathers name, caste and village of each alleged conspirator when he was on death bed with excruciating pain - Such dying declaration does not appear to be natural, and..........
Evidence Act, 1872, Section 32 -- Oral dying declaration - An oral dying declaration can form basis of conviction if deponent is in a fit condition to make declaration and if it is found to be truthful - Courts as a matter of prudence look for corroboration to oral dying declaration...........
Evidence Act, 1872, Section 32 -- Two dying declarations - Some of features mentioned in second dying declaration missing in first dying declaration - Such no, mention does not make both the dying declarations incompatible - Incompatibility or inconsistency can be said to arise if assertions in one dying declaration are so diametrically opposed to statements in other that..........
Indian Penal Code, 1860, Section 304B, 498A, 34, Evidence Act, 1872, Section 32 -- Dowry death - Two dying declarations - 85% burn injuries - Husband, mother-i, law and father-i, law harassing deceased for not fulfilling their demands for dowry and set her on fire after pouring kerosene oil upon her - No inconsistency between two dying declarations regarding involvement of..........
Evidence Act, 1872, Section 32 -- Dying declaration - Recording in the form of question and answer - It is more appropriate method - Such statement not to be rejected merely on the ground that it is not in question and answer form if such statement meets all requirements of S.32 of the Act...........
Indian Penal Code, 1860, Section 498A, 306 -- Cruelty - Abetment of suicide - Conviction - Validity - Deceased due to continuous ill-treatment alleged to have poured kerosene oil on her person and set herself on fire - Dying declaration recorded before Executive Magistrate soon after occurrence, reliable and corroborated by medical evidence and evidence of other witnesses..........
Evidence Act, 1872, Section 32 -- Dying declaration - If dying declaration is recorded not directly from actual words of maker but as dictated by somebody else, this by itself creates a lot of suspicion about credibility of such statement and prosecution has to clear same to satisfaction of Court...........
Evidence Act, 1872, Section 32 -- Dying declaration - Over writing about time at which the statement was recorded and also insertion of two names by different ink - Not safe to rely on dying declaration...........
Criminal Procedure Code, 1973, Section 319, Evidence Act, 1872, Section 32 -- Indian Penal Code, 1860, S.302 - Murder - Dying declaration - Summoning of additional accused - A note allegedly recovered from deceased expresses mere apprehension of death - Note written by deceased does not relate to cause of his death or to any of the circumstances of transaction which..........
Evidence Act, 1872, Section 32 -- Dying declaration - Statement of a fact by a person who is dead when it relates to cause of death is relevant...........
