Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32(1) -- Dowry death - Prior to the incident there was no complaint of ill treatment, harassment or dowry demand either by parents of deceased or by deceased herself - In view of several infirmities in oral dying declaration stated to have been made by deceased are worthy of no credence - No steps taken by..........
Evidence Act, 1872, Section 32 -- Dying declaration - Conviction can be based on a dying declaration recorded properly when the declarant is in a fit mental condition to make it - It should be truthful and voluntary...........
Evidence Act, 1872, Section 32 -- Dying declaration - Minor discrepancy in the time of recording of dying declaration - Creates no dent in the prosecution story which is, otherwise, substantiated by reliable evidence...........
Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry demand - Accused No.2 maternal uncle of husband convicted while husband and his father acquitted - Wife set herself on fire and committed suicide - In dying declaration wife had not stated that accused No.2 was interfering with affairs of her matrimonial home - Evidence showed that accused No.2 had neither demanded dowry..........
Evidence Act, 1872, Section 32(1) -- Dying declaration - Held, where after making statement before police, victim succumbs to her injuries statement can be treated as a dying declaration and is admissible u/s 32(1) of Evidence Act...........
Indian Penal Code, 1860, Section 302, 304(Part II), Evidence Act, 1872, Section 3, 32 -- Murder or culpable homicide not amounting to murder - Proof - Appellant without any premeditation set fire on clothes of prosecutrix after dousing her with kerosene - Incident admittedly took place when prosecutrix resisted appellant to commit rape - In FIR, a dying declaration, it was..........
Evidence Act, 1872, Section 32, 157 -- Dying declaration - Statement made in expectation of death but the person making the statement did not die - Statement cannot be treated as dying declaration - Such statement has to be dealt with u/s 157 of Evidence Act which provides that the former statement of a witness may be proved to corroborate later testimony as to the same..........
Evidence Act, 1872, Section 32 -- Dying declaration - Non examination of ASI who recorded dying declaration - Expalanton given was that attendance of ASI could not be secured inspite of summons issued and letters written to S.P. - Held, this is not a convincing explanation...........
Evidence Act, 1872, Section 32 -- Dying declaration - Absence of medical certificate that deceased was in medically fit condition for giving statement - Though such certificate is not mandatory - Still it is duty of the officer who recorded the same to mention whether the deceased was in mentally and medically fit condition for making such statement, particularly when the..........
Evidence Act, 1872, Section 32 -- Dying declaration - If on careful scrutiny, Court is satisfied that dying declaration is true and free from any effort to induce deceased to make a false statement and if it is coherent and consistent, there should be no legal impediment to make it a basis of conviction, even if there is no corroboration...........
