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Documents citing Habib Usman vs State Of Gujarat on 29 September, 1978

Vithalbhai Nagarbhai Patel And Ors. vs State Of Gujarat on 9 September, 1987

In the case of Habib Usman v. State of Gujarat , the Supreme Court observed that merely because some friends and relatives happened to be with the deceased when the statement was recorded, it cannot be thrown out as tutored. In that case, immediately at the time of assaults, the injured did not give the name of the assailant, but said that he had been stabbed by one person on his chest and the assailant had run away. In the dying declaration, he had given the name of the accused within a few minutes.
Gujarat High Court Cites 21 - Cited by 0 - Full Document

Arayakkamdy Sukumaran And Ors. vs State Of Kerala on 16 November, 2005

In Habib Usman v. State of Gujarat , the Apex Court considered the question of admissibility of a dying declaration and observed that great weight must naturally and necessarily be attached to a dying declaration recorded very shortly after the incident. In that case, stabbing occurred at 8.00 a.m. He was immediately brought to the hospital. Medical Officer examined the injured and sent an intimation to the police station. Within half an hour Sub-Inspector, Police came and recorded the dying declaration in the presence of medical officer and relatives and he died shortly at 9.15 a.m. In this case also, oral dying declaration was made within a short time of the incident. Merely a statement that Suku and others did it may not connect A1 because there may be many Sukus in the locality.
Kerala High Court Cites 45 - Cited by 16 - J B Koshy - Full Document

Waikhom Angamba Singh vs State Of Manipur on 5 March, 1982

In Habib Usman v. State of Gujarat, 1979 Cri LJ 708: AIR 1979 SC list, it was similarly ruled that grave weight must naturally and necessarily be attached to a dying declaration recorded very shortly after the occurrence. Merely because some friends and relatives happened to be with the deceased before the statement was recorded, the statement cannot be thrown out as tutored. In that case the deceased died at about 9.15 A.M., the occurrence took place at about 8 A. M. and the dying declaration was recorded half an hour before the death. It was observed to be natural for the relatives to be there. In the absence of any proof of tutoring or false implication, their Lordships of the Supreme Court acted upon the dying declaration and set aside the judgment of acquittal passed by the High Court.
Gauhati High Court Cites 13 - Cited by 1 - K N Saikia - Full Document

Sunil Kashinath Raimale vs State Of Maharashtra on 17 November, 2005

13. Learned APP has place reliance upon the matter of Habib Usman v. State of Gujarat , wherein it is observed that mere presence of the relatives and friends before the making of declaration does not necessarily mean that it was tutored. In the matter at hands, we have not recorded a finding that the dying declaration was tutored, but we have only recorded a finding that opportunity to tutor and influence the maker of the statement was available with the father and the manner in which Exhibit 23 was recorded by obtaining verification on the part of father made the recorded dying declaration further doubtful. The ratio laid down, therefore, is not applicable in the matter at hands.
Bombay High Court Cites 10 - Cited by 4 - N V Dabholkar - Full Document

State vs Accused on 15 September, 2011

Habib v. State, 1988(2) Crimes 677, wherein central point for consideration before the court was whether the medical evidence falsifies the evidence of the two eye-witnesses as well as of the prosecutrix. Delhi High Court held that medical evidence falsifies the evidence of eye witnesses and the prosecution observed:
Delhi District Court Cites 41 - Cited by 0 - Full Document

Sc No.41A/12 State vs . Safiq-Ul-Islam on 30 January, 2016

11. Ld. counsel for the accused has argued that the prosecution has not been able to establish a complete chain of link evidence. He submitted that the prosecution has failed to prove that the sample and the seal there of remained intact till they reached the FSL, Rohini. It is submitted that the prosecution had not only to prove that FSL form was deposited with the Malkhana, but it has also to prove that the sample remained intact till they reached FSL. Therefore, it is necessary for the prosecution to establish that the FSL form bearing the specimen seal reached the FSL alongwith the sample. Since there is no documents to show this, the benefit must go to the accused. He has relied upon the judgment in the case Amarjit Singh vs. State 1995 JCC 91 and also of Habib vs. State 1996 JCC 25.
Delhi District Court Cites 12 - Cited by 0 - Full Document

State vs Ekaram Ansari on 12 August, 2013

31. It is also observed that the MHC(M)/PW5 HC Manoj was not cross examined on behalf of the accused at all and hence, not even a suggestion was given to the above witness that the FSL form was not deposited with the parcels of the case property in the malkhana on the above day or even that the parcels of the case property and samples were tampered with. Moreover, PW5 has also specifically stated on record that so long as the above samples had remained in his custody in the malkhana, the same were not tampered with by anybody. Even no suggestion is found to be given to the SHO/PW9 that the case property was tampered with while it was in his custody or that he had not deposited the above parcels of the case property and FSL form in the malkhana. Further, the contents of the road certificate Ex. PW5/A, the acknowledgement Ex. PW5/B and the depositions made by PW7 also rule out any tampering with the parcels of the samples at the time of their deposit in the FSL and even the FSL report Ex. PW4/D shows that the sample parcels were received in the FSL in intact condition. Hence, the oral as well as the documentary evidence led on record by the prosecution rules out any possibility or inference of tampering of the above parcels at any stage. The judgments in cases Habib Vs. State 1996 JCC 25, Mohd. Ibrahim Vs. State of NCT of Delhi 2013 (1) JCC SC No. 25A/10 State Vs. Ekaram Ansari 19 (Narcotics) 1 and Safiullah Vs. State (Delhi Admn.) 1993 JCC 33 being relied upon on this aspect have been given in different contexts and in the above cases, there were also certain other factors responsible for leading towards the acquittal of the accused.
Delhi District Court Cites 8 - Cited by 0 - Full Document

Talvinder Singh & Ors. vs State (Delhi Admn.) on 22 August, 1997

5. Apart from the above said flaw, there is another defect in the prosecution case. From the perusal of the statement of the S.H.O., Police Station Seemapuri (PW-5) it cannot be said with any amount of certainty that CFSL form was actually deposited by him with Moharrar Malkhana though in his testimony before the trial Court he claimed to have done so. But at the same time he admitted that in his statement under section 161 Cr.P.C. this fact was not recorded. Similarly Constable Virender Kumar (PW-6) had stated before the tiral court that he had handed over the CFSL form to the Forensic Laboratory. This fact is not recorded in his statement under section 161 Cr.P.C. In view of these contradictions, for which no explanation was rendered by them, it is not proved beyond reasonable doubt that the CFSL form was deposited with the Moharrar Malkhana by the SHO or the same was delivered by Constable Virender Kumar to the Forensic Laboratory. The punishment provided for an offence under section 21 of the NDPS Act is very stringent. This being so, the provisions of sections 42, 50, 55 and 57 of the NDPS Act have to be strictly complied with in order to safeguard the interest of an accused. Non-compliance of these provisions including section 42 of the NDPS Act goes to the root of the case and vitiates the trial. If any authority is needed for the above proposition, a reference can be made to (1) Habib Vs. State, 1996 (2) Crimes 452, and (2) Datu Ram Vs. State, 1996 JCC 293.
Delhi High Court Cites 11 - Cited by 3 - Full Document
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