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 -- Dying declaration - Philosophy of law which signifies importance of dying declaration is based on maxim `nemo moritusus prasumitus mennre' which means `no one at time of death is presumed to lie and he will not meet his maker with a lie in his mouth' - Whole point in giving lot of credence and importance to piece of dying declaration,..........
Evidence Act, 1872, Section 32 -- Dying declaration - Evidentiary value - Though dying declaration is not recorded in Court in presence of accused nor it is put to strict proof of cross-examination by accused, still it is admitted in evidence against general rule that hearsay evidence is not admissible in evidence - Dying declaration does not even require any corroboration..........
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...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Suicide by wife - Dying declaration - Wife committed suicide by pouring kerosene oil on her - Husband did not instigate, goaded, prompted or aided by words or acts the deceased to resort to extreme step of suicide - Husband made certain unsavory remarks against fidelity and character of deceased - No evidence on..........
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 - If any doubt arises in the mind of Court regarding its truthfulness and genuineness, it would be better to discard the same...........