advocatemmmohan
just another law knowledge bank
Gurmit Singh
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. 304 B of I.P.C. and sec.113 B of Evidence Act = Suicide was committed soon after 5 days of demand of dowry, with in 7 years of marriage, burden lies on the accused to disprove the case – he can not depend on minor latches of prosecution with out proper foundations – High court rightly convicted the husband and confirmed the acquittal of lower court in respect of other accused = SUKHWINDER SINGH …APPELLANT Versus STATE OF PUNJAB …RESPONDENT = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40964
Minor discrepancies like she said at room , at varanda does not change substance of the case= It is true that there can be no compromise on basic legal principles, but, unnecessary weightage should not be given to minor errors or lapses. If courts get carried away by every mistake … Continue reading
