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1 - 10 of 15 (0.03 seconds)Section 34 in The Indian Penal Code, 1860 [Entire Act]
Meesala Ramakrishan vs State Of A.P on 13 April, 1994
In Khushal Rao v. State of Bombay[1], Kusa v. State
of Orissa[2] and in Meesala Ramakrishan v. State of A.P.[3], it has
been held that the law is well settled that the conviction can be
founded solely on the basis of dying declaration if the same
inspires full confidence.
Ranjit Singh And Others vs State Of Punjab And Others(And ... on 20 August, 1964
In Ranjit Singh v. State of Punjab[4], it has been held that the
conviction can be recorded on the basis of dying declaration alone,
if the same is wholly reliable, but in the event there exists any
suspicion as regards the correctness or otherwise of the said dying
declaration, the courts, in arriving at the judgment of conviction,
shall look for some corroborating evidence.
Nanhau Ram And Anr. vs State Of Madhya Pradesh on 24 February, 1988
In this context, we
may also notice the judgment in Nanhau Ram v. State of M.P.[5]
wherein it has been stated that normally, the court, in order to
satisfy whether the deceased was in a fit mental condition to make
the dying declaration, looks up to the medical opinion. But where
the eye witness said that the deceased was in a fit and conscious
state to make the dying declaration, the medical opinion cannot
prevail.
Raghunath Laxman Wani And Ors vs State Of Maharashtra And Ors on 6 August, 1971
16. Regard being had to the aforesaid principles, we shall presently
advert how to weigh the veracity of an oral dying declaration. As
has been laid down in Laxman (supra) by the Constitution Bench, a
dying declaration can be oral. The said principle has been
reiterated by the Constitution Bench.
Puran Chand vs State Of Haryana on 13 May, 2010
In this context, it will be useful to refer to the decision in Puran
Chand v. State of Haryana[7] wherein it has been stated that a mechanical
approach in relying upon a dying declaration just because it is there is
extremely dangerous and it is the duty of the court to examine a dying
declaration scrupulously with a microscopic eye to find out whether the
dying declaration is voluntary, truthful, made in a conscious state of mind
and without being influenced by the relatives present or by the
investigating agency who may be interested in the success of investigation
or which may be negligent while recording the dying declaration. The Court
further opined that the law is now well settled that a dying declaration
which has been found to be voluntary and truthful and which is free from
any doubts can be the sole basis for convicting the accused.
Prakash And Another vs State Of Madhya Pradesh on 20 August, 1992
Here we may refer to a two-
Judge Bench decision in Prakash and another v. State of Madhya
Pradesh[8] wherein it has been held as follows: -
Darshana Devi vs State Of Punjab on 11 October, 1995
In Darshana Devi v. State of Punjab[9], this Court referred to the
evidence of the doctor who had stated that the deceased was semi-
conscious, his pulse was not palpable and his blood pressure was not
recordable and had certified that he was not in a fit condition to
make a statement after the police had arrived at the hospital and
expressed the view that the deceased could not have made an oral
statement that he had been burnt by his wife. Thus, emphasis was
laid on the physical and mental condition of the deceased and the
veracity of the testimony of the witnesses who depose as regards the
oral dying declaration.
Pothakamuri Srinivasulu @ Mooga ... vs State Of Andhra Pradesh on 26 July, 2002
In Pothakamuri Srinivasulu alias Mooga Subbaiah v. State of A.P.[10],
this Court, while dealing with the issue whether reliance on the
dying declaration made by the deceased to PWs-1, 2 and 3 therein
could be believed, observed thus: -