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1 - 10 of 20 (0.43 seconds)Section 34 in The Indian Penal Code, 1860 [Entire Act]
Section 120B in The Indian Penal Code, 1860 [Entire Act]
Section 27 in The Arms Act, 1959 [Entire Act]
The Arms Act, 1959
Nallapati Sivaiah vs Sub-Divisional Officer, Guntur, A.P on 26 September, 2007
6. Heard rival submissions and perused the case record,
evidence recorded by trial court and impugned judgment. No
doubt on different interval while dealing with admissibility of
dying declaration the Hon'ble Apex Court has given guidelines
and the guidelines given by their lordships in the case of
Paniben Vs. State of Gujarat (1992) 2 SCC 474 find
reference in the judgment reported in 2007 (15) SCC 465
Nallapati Sivaiah Vs. Sub Divisional Officer,Guntur A.P
relied upon by the appellants. The Hon'ble Apex Court has laid
down in several judgments the principles governing dying
declaration which are as under:
Kake Singh Alias Surendra Singh vs State Of Madhya Pradesh on 2 April, 1981
(v) Where the deceased was unconscious and could
never make any dying declaration the evidence with regard to it
8
is to be rejected.(Kake Singh v. State of M.P. 1981 Supp SCC 25)
Ram Manorath vs State Of U.P on 10 March, 1981
(vi) A dying declaration which suffers from infirmity
cannot form the basis of conviction.(Ram Manorath v. State of
U.P. (1981)2 SCC 654)
State Of Maharashtra vs Krishnamurti Laxmipati Naidu on 12 November, 1980
(State of Maharashtra v. Krishnamurti Laxmipati Naidu 1980
Supp SCC 455)
Surajdeo Ojha And Ors. vs State Of Bihar on 22 March, 1979
(viii)Equally, merely because it is a brief statement,
it is not to be discarded. On the contrary, the shortness of the
statement itself guarantees truth.(Surajdeo Ojha v. State of
Bihar 1980 Supp SCC 769)