Evidence Act, 1872, Section 32 -- Dying declaration - Sole basis of conviction without corroboration - Conviction can be based on the sole basis of dying declaration if it is true and voluntary, without any further corroboration - It is not an absolute rule of law that dying declaration cannot form the sole basis of conviction unless it is corroborated - Rule requiring..........
Evidence Act, 1872, Section 32 -- Dying declaration - Comma put after word 'Ravi' and then written 'kumar' giving impression as two persons - Whereas it is one accused 'Ravikumar' - It is a mistake committed by Magistrate in splitting the name of Ravikumar into two names - Dying declaration is not liable to be rejected...........
Evidence Act, 1872, Section 32 -- Dying declaration - Doctor in Accident Register recorded that deceased lit fire on herself - Subsequently doctor erased that entry when correct picture got emerged - Defence version of suicide cannot be accepted on the face of two dying declarations of the deceased recorded by Magistrate and Head Constable implicating accused...........
Evidence Act, 1872, Section 32 -- Dying declaration - Victim did not knew Tamil - Doctor who knew Telugu and Tamil translated the questions and answers and the same recorded by Magistrate - As the statement recorded by Magistrate as translated by doctor, was narrated to the deceased which she admitted, there cannot be any doubt that whatever was stated by deceased, was..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Four accused caused death by beating with farsas and lathi - Conviction on the basis of evidence of PWs 9 & 11 and oral dying declaration - Both witnesses had prior enmity with appellant - Different story stated by PW 11 before Court and in his statement u/s 161 Cr.P.C. - Presence of witnesses on spot doubtful - Deceased..........
Criminal Procedure Code, 1973, Section 243 -- Defence evidence - Summoning of school record - Deceased in her dying declaration stated that she had passed High School examination from school - Plea of accused that deceased was an uneducated lady and that she had not studied in any school - Held, dismissal of application on the ground that dying declaration was recorded by..........
Indian Penal Code, 1860, Section 302 -- Murder of wife - Husband of deceased consumed liquor and then demanded money from her for liquor - She refused to give money - Accused poured kerosene on her body and lit fire by match stick - Her clothes caught fire - Dying declaration recorded by Magistrate - No reason to falsely implicate her husband - Conviction upheld...........
Indian Penal Code, 1860, Section 302 -- Knife blow on chest - Conviction on basis of dying declaration - Witnesses of occurrence PW 1, 3, 4 and 13 turned hostile - On basis of dying declaration case registered - Dying declaration was recorded at 12.45 p.m. and deceased died at 4.50 p.m. on the same day - No certificate of doctor that deceased was fit to make statement -..........
Evidence Act, 1872, Section 32 -- Dying declaration - If found reliable, does not require corroboration and a conviction can solely be based on it...........
Evidence Act, 1872, Section 32 -- Dying declaration - 95% burn injuries - Thumb impression on dying declaration - Linings of thumb impression in case of 95% burn injuries - Linings of thumb will appear in case tips of thumb are not burnt...........