Judgments - Dying Declaration
Vutukuru Lakshmaiah Versus State of Andhra Pradesh
Dealing with the concept of chance witness, a two-Judge Bench in Rana Pratap and others v. State of Haryana[8], has observed that:- “We do not understand the expression “chance witnesses”. Murders are not committed with previous notice to witnesses, soliciting their presence. If murder is committed in a dwelling house, the inmates Full Judgment
RAMAKANT MISHRA @ LALU ETC. Vs. STATE OF U.P.
Succinctly stated, it had been held therein that the use of word 'shown' instead of 'proved' in Section 304B indicates that the onus cast on the prosecution would stand satisfied on the anvil of a mere preponderance of probability. In other words, 'shown' will have to be read up to mean 'proved' but only to the extent of preponderance of probability. Thereafter, the word 'deemed' Full Judgment
TEJRAM PATIL Vs. STATE OF MAHARASHTRA
The decision of this appeal will rest on the answers to the following two questions : (i) Reliability of DD Exhibit 45 recorded by PSI Sunil Eknadi Wanjari PW 4 made by deceased Savita; (ii) Admissibility and reliability of DDs made by Prabhabai recorded by SJM, Rajiv Babarao Raut Exhibit 41) and PSI Bhila Narayan Bachao (Exhibit 43). However, the Court must be satisfied that the deceased was in a fit mental condition to make the DD and that the statement was faithfully recorded and was otherwise reliable. Full Judgment
DASIN BAI @ SHANTI BAI Vs. STATE OF CHHATTISGARH
-This Court has observed in a number of cases, that there is no reason to doubt the veracity of the dying declaration especially, since there is consistency between them. In the case of Ravi & Anr. v State of T.N. (2004 (10) SCC 776), it has been held by this Court that if the truthfulness or otherwise of the dying declaration cannot be doubted, the same Full Judgment
HARISH KUMAR Vs. STATE OF HARYANA
MALLELLA SHYAMSUNDER Vs. STATE OF A.P.
Rajendra @ Matauva & Ors Vs State of Chhattisgarh And Rakesh & Anr Vs The State of Chhattisgarh
Dying declaration is also a kind of evidence. Courts are required to scrutinize the dying declaration on the basis of other surrounding and attending circumstances minutely. Part of dying declaration corroborated by other attending circumstances can be relied upon and part of dying declaration not corroborated by attending circumstances is not safe to rely. Full Judgment
Krishan Vs. State of Haryana
Sharda Vs. State of Rajasthan
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