Evidence Act, 1872, Section 32 -- Dying declaration - To mother before a few minutes before death - Deceased had extensive burns including her mouth, nose and lips - No proof of fit condition of victim to make statement - Dying declaration is not reliable...........
Evidence Act, 1872, Section 32 -- Dying declaration - To be dealt with care and caution - Corroboration though not essential yet it is expedient to have the same in order to strengthen the evidentiary value of the declaration - There should be proper care and caution in the matter of acceptance of such a statement as trustworthy evidence...........
Indian Penal Code, 1860, Section 302 -- Conviction by High Court setting aside acquittal - Two written dying declarations, one recorded by Executive Magistrate and other by Investigating Officer - No reason to discard it - It was recorded when deceased was fully conscious - Oral dying declaration stated by sister of deceased - Accused had burn injuries and he had not taken..........
Evidence Act, 1872, Section 32 -- Dying declaration - Is admissible in evidence - Dying declaration should be of such nature as to inspire confidence of the Court of its correctness - It should not be the result of either tutoring, prompting or vindictive or product of imagination - Before relying upon a dying declaration, court should be satisfied that the deceased was in..........
Evidence Act, 1872, Section 32 -- Dying declaration - by Mentally retarded woman - Medical certificate was qua the physical condition to make a statement but does not refer to her mental condition even at that time - Dying declaration is not beyond all reasonable doubts - Conviction and sentence of appellant on the sole basis of dying declaration is not justified...........
Indian Penal Code, 1860, Section 306, 498A, Evidence Act, 1872, Section 113A -- Abetment of suicide by a married woman within 7 years of marriage - Presumption - Abetment to commit suicide by dowry torture - Conviction of husband and in-laws based on circumstantial evidence - Preponderance of evidence of dowry torture - Circumstantial evidence ruling out accidental death..........
Evidence Act, 1872, Section 32 -- Dying declaration - Held, in order to make statement of a dead person admissible in law (written or verbal), statement must be as to the cause of her death or as to any of the circumstance of transactions which resulted in her death in cases in which the cause of death comes into question...........
Evidence Act, 1872, Section 32 -- Dying declaration - Statement recorded by Investigating Officer at hospital treated as FIR - At the time of recording statement investigating officer did not possess capacity of investigating officer as investigation had not commenced by then - Such statement could be treated as dying declaration u/s 32(1) of the Act...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Appeal against conviction - Deceased set ablaze by wife, co-brother, father-in-law and brother-in-law - Material facts stated in dying declaration corroborated by various witnesses and attending circumstances - Wife gave kerosene on the asking of her father without knowing for what purpose kerosene has been obtained by..........
Insurance -- Motor Vehicles - Policy stating 'unlimited personal injury and property damage' - Insured dying in accident - Claim for Rs.6,03,000/- - Insurance company taking the stand that words 'unlimited personal injury' wrongly written due to mistake/oversight - Trial Court awarding compensation claimed rejecting defence - High Court holding that liability was towards..........
