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dying declaration

This tag is associated with 7 posts

Sec. 498 A . .304 B and 302 I.P.C – ACQUITTED UNDER SEC.498 A, 304 B – No conviction under sec.302 I.P.C. be given on doubting dying declaration – Apex court held that The burden of proof in criminal law is beyond all reasonable doubt. The prosecution has to prove the guilt of the accused beyond all reasonable doubt and it is also rule of justice in criminal law that if two views are possible on the evidence adduced in the case, one pointing to the guilt of the accused and the other towards his innocence, the view which is favourable to the accused should be adopted. After considering the evidence and the judgments of the Courts below, we are of the considered opinion that the evidence available on record and the dying declaration does not inspire confidence in the mind of this Court to make it the basis for the conviction of the appellants. Apart from this, the High Court basing on the same dying declaration, ought not to have convicted the appellants under Section 302 IPC, when they were acquitted under Section 304-B and 498-B IPC and Sections 3 and 4 of the Dowry Prohibition Act by the High Court. Accordingly, this Criminal Appeal is allowed. The conviction and sentence imposed by the High Court vide its judgment dated 24th September, 2010 in Criminal Appeal No. 495 of 2005, against the appellants for the offence under Section 302 r/w 34 IPC, is set aside. = UMAKANT & ANR. … APPELLANTS VERSUS STATE OF CHHATISGARH … RESPONDENT = 2014 – July. Part – http://judis.nic.in/supremecourt/filename=41743

Sec. 498 A . .304 B and 302 I.P.C – ACQUITTED UNDER SEC.498 A, 304 B – No conviction under sec.302 I.P.C.  be given on  doubting dying declaration – Apex court held that The burden of proof in criminal law is beyond  all  reasonable  doubt. The prosecution has to prove the guilt of the accused beyond all … Continue reading

Dying declaration – if not died can be considered as sec.164 statement can be used for contradiction etc., under sec.157 ,sec.155- provided – a dying declaration – cum – sec.164 statement can not be called as full statement of witness – after regain, her full sec.161 statement was recorded – Apex court held no wrong = Veer Singh & Ors. .. Appellant(s) versus State of U.P. .. Respondent(s) = Published in / cited in / Reported in judis.nic.in/supremecourt/filename=41065

Dying declaration – if not died can be considered as sec.164 statement can be used for     contradiction etc., under sec.157 ,sec.155– provided – a dying declaration – cum – sec.164 statement can not be called as full statement of witness  – after regain, her full sec.161 statement was recorded – Apex court held no wrong … Continue reading

Sec.302 , 498 A I.P.C = F.I.R. to sub inspector that accidentally sari caught with fire of stove = Dying declaration recorded by Magistrate revealed that husband burnt her alive by pouring kerosin = Explanation by parents that F.I.R. statement was given at the instance of accused sister = Conviction is proper = NANDEPU ABRAHAM Appellant (s) VERSUS STATE OF A.P. Respondent(s) = published in http://courtnic.nic.in/supremecourt/qrydisp.asp

F.I.R. to sub inspector that accidentally sari caught with fire of stove = Dying declaration     recorded by Magistrate revealed that husband burnt her alive by pouring kerosin = Explanation by parents that F.I.R. statement was given at the instance of accused sister = Conviction is proper =   ‘ PW-8 N. Victor Immanuel, at … Continue reading

SEC. 304 B , 306 AND 498 A I.P.C. – When wife stated that she committed suicide as she was fed up with the acts of husband with out disclosing the activities – it can not be considered as an offence under sec. 304 B as there is no allegation that soon before her committing suicide the husband harassed her dowry etc., Apex court punished the husband under sec.306 and 498 A I.P.C. = Rajeev Kumar …… Appellant Versus State of Haryana ….. Respondent – http://judis.nic.in/supremecourt/filename=40946

SEC. 304 B , 306 AND 498 A I.P.C. – When wife stated that she committed suicide as she     was fed up with the acts of husband with out disclosing the activities – it can not be considered as an offence under sec. 304 B as there is no allegation that soon before her committing suicide the … Continue reading

3 contradictory Dying declarations not proved free and fair , not proved the contents were read over and explained , not proved who recorded the translated version from Telugu to Kannada =- ends in acquittal =. Conviction can indisputably be based on a dying declaration. But before it can be acted upon, the same must be held to have been rendered voluntarily and truthfully. Consistency in the dying declaration is the relevant factor for placing full reliance thereupon. In this case, the deceased herself had taken contradictory and inconsistent stand in different dying declarations. They, therefore, should not be accepted on their face value. Caution, in this behalf, is required to be applied.” In the first dying declaration (Ex.P.12), she (deceased) stated that her husband instigated her to pour kerosene on her body, therefore, she poured the kerosene on her body and her husband further poured kerosene on her and put on fire using a match box. In the second dying declaration (Ex.P.22), she (deceased) stated that her husband along with Laxmi poured kerosene on her body and put on fire by using match stick. In the third dying declaration (Ex.P.29), she (deceased) stated that her husband poured kerosene on her and Laxmi lit the match stick and thrown upon her body. Apart from the contradictions, the credibility of three dying declarations (Ex.P.12, Ex.P.22 and Ex.P.29) is to be doubted. In the first dying declaration (Ex.P.12) dated 14th January, 2000 the thumb impression of victim has been shown. Whereas in the second dying declaration (Ex.P.22) taken on the same day, i.e, 14th January, 2000 and the third dying declaration (Ex.P.29) given on the next day, i.e., 15th January, 2000, the victim had stated that she had not given her signatures since her hand was completely burnt. Dr. Bhimappa (PW-22), who signed the Ex.P.22, in his cross-examination stated that he was not aware whether Neelamma (deceased) was talking in Telugu. Dr. Dhanjaya Kumar (PW-20), who signed Ex.P.12, in his cross-examination specifically stated that he can understand Kannada but does not know Telugu language and that Neelamma was talking in Telugu language. Padmavathi (PW-8), mother of the deceased, in her crossexamination stated that Neelamma (deceased) was not knowing the correct writing the Telugu. But she was writing some Telugu. The prosecution has failed to state as to why three dying declarations were recorded in Kannada, if the deceased, Neelamma was talking in Telugu. It has also not made clear as to who amongst the Tehisldar, PSI or SI or the Doctors who has signed in Ex.P.12, Ex.P.22 and Ex.P.29 had knowledge of Telugu and translated the same in Kannada for writing dying declarations in those exhibits and that in the bottom of three dying declarations it has not been mentioned that they were read over in Kannada and explained in Telugu that the deceased understood the contents of the same. The above mentioned facts create doubt in our mind as to the truthfulness of the contents of the dying declarations as the possibility of she being influenced by somebody in making the dying declarations cannot be ruled out. On careful perusal of the materials on record, we are unable to come to the conclusion that the prosecution in this case has established its case beyond reasonable doubt to base a conviction on the appellant. Hence, we are of the opinion that both the courts below have erred in coming to the contra conclusion. 28. For the reasons stated above, this appeal succeeds and the judgment and conviction recorded by the courts below are set aside. The appeal is allowed. The appellant, who is in jail, is directed to be released forthwith.

published in http://judis.nic.in/supremecourt/imgs1.aspx?filename=40519 Page 1 1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 175 OF 2007 KASHI VISHWANATH … APPELLANT Versus STATE OF KARNATAKA … RESPONDENT J U D G M E N T SUDHANSU JYOTI MUKHOPADHAYA, J. The appellant, who is accused No.1, by this appeal has challenged the judgment … Continue reading

dying declaration = “Though a dying declaration is entitled and is still recognised by law to be given greater weightage but it has also to be kept in mind that the accused had no chance of cross-examination. Such a right of cross examination is essential for eliciting the truth as an obligation of oath. This is the reason, generally, the court insists tha the dying declaration should be such which inspires full confidence of the court of its correctness. The court has to be on guard that such statement of the deceased was not as a result of either tutoring, prompting or product of imagination. The court must be further satisfied that the deceased was in a fit state of mind after a clear opportunity to observe and identify the assailants. Once the court is satisfied that the aforesaid requirement and also to the fact that declaration was true and voluntary, undoubtedly, it can base its conviction without any further corroboration.” So far as the statement of PW3 – Prem Chand recorded under Section 161, Cr.P.C. marked as Exh. P6 is concerned, the deceased was only abusing her father in law and that was not even corroborated by PW4 or PW5 and PW3 himself turned hostile. Due to discrepancies and contradictions between the two dying declarations and also in the absence of any other reliable evidence, in our view, the High Court is justified in reversing the order of conviction which calls for no interference by this Court. In view of above, the appeal is, therefore, dismissed.

Page 1 1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 427 OF 2007 State of Rajasthan … Appellant Versus Shravan Ram & Anr. … Respondents J U D G M E N T K.S. Radhakrishnan, J. 1. This is an appeal by the State of Rajasthan against the Judgment in … Continue reading

subsequent allegations by parents not valid=The victim after sustaining burning injuries gave statement to the police to the effect that she sustained the burns in accidental fire when she was lighting wooden stove by pouring kerosene in it with a mug. The said statement of the victim-Ex.P.5 was registered by the police as FIR in this case. On that basis, originally the case was registered under Section 174 Cr.P.C. It is stated that the victim also gave similar statement to the Magistrate as dying declaration. But the said dying declaration was not marked by examining the Magistrate. Therefore, the lower Court should not have placed reliance on such dying declaration. During life time of the victim she did not go back on Ex.P.5 – statement given to the police. Subsequent to the death of the victim, parents and relations alleged dowry harassment against the accused. – MMMLAWREPORT

subsequent allegations by parents not valid=The victim after sustaining burning injuries gave statement to the police to the effect that she sustained the burns in accidental fire when she was lighting wooden stove by pouring kerosene in it with a mug. The said statement of the victim-Ex.P.5 was registered by the police as FIR in … Continue reading

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