Evidence Act, 1872, Section 32 -- Dying declaration - Made before doctor - Doctor did not inform police about dying declaration made by deceased while she was brought to hospital - Doctor and nurse came in contact with the victim only when she was brought to hospital for treatment - Nothing on record to show that victim was known to them - Further, they are not related to..........
Evidence Act, 1872, Section 32 -- Dying declaration - Evidence of doctor before whom dying declaration was made found to be true and moreover there is no evidence to the contrary that any effort was made by anyone to induce the deceased to make false statement - Further absence of smell of kerosene oil in the hair of deceased sent for chemical examination does not render..........
Evidence Act, 1872, Section 32 -- Dying declaration - 95% burn injuries - Fitness certificate of doctor - Doctor in his cross examination stated that chances cannot be ruled out that a person can be unconscious having 95% burn injuries - Held, opinion evidence elicited during cross examination of doctor cannot prevail upon his assertion in Exts.P12 & P13 as to fit mental..........
Evidence Act, 1872, Section 32 -- Dying declaration - 95% burn injuries - Statement of deceased before Tehsildar clear and cogent - Concurrent findings of Courts below that dying declaration is reliable and inspires confidence - Held, there is no perversity in such findings...........
Evidence Act, 1872, Section 32 -- Dying declaration - When reliance is placed upon dying declaration Court must be satisfied that dying declaration is true, voluntary and not as a result of either tutoring or prompting or a product of imagination - Court must be further satisfied that deceased was in a fit state of mind...........
Evidence Act, 1872, Section 32 -- Dying declaration - If dying declaration is found to be reliable, then there is no need for corroboration by any witness and conviction can be sustained on that basis alone...........
Evidence Act, 1872, Section 32 -- Dying declaration - Family members present to attend deceased - However, no material to suggest that family members were talking with deceased or that deceased was tutored - No substance in submission that there is false implication of accused...........
Indian Penal Code, 1860, Section 299, 304 -- Culpable homicide - Dying declaration - Accused and deceased were the only persons in their bedroom which was latched from inside and accused stabbed his wife with knife on her stomach and caused dangerous injuries to her - Accused also sustained small injuries in his hands - Dying declarations of deceased had the support of..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Deceased in her dying declaration stated that due to quarrel, accused persons caused her burn injuries on her legs, chest and other part of body - Doctor certified that deceased was conscious and fit for making dying declaration - Executive Magistrate took all precautions..........
Evidence Act, 1872, Section 32 -- Dying declaration - In two parts - First part contradictory with the second part - In the first part theory of stove burst was there and in the second part husband was alleged to have put her on fire by sprinkling oil - When deceased was asked why she made a wrong statement earlier, she replied that she was made to understand to make such..........
