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1 - 6 of 6 (0.45 seconds)The Indian Penal Code, 1860
Shakuntalabai Wd/O Khairuprasad Joshi vs * The State Of Maharashtra on 6 January, 2011
8. Mr. Patel, the learned counsel for the appellant placed
reliance on the decision of this Court in the case of
Shakuntalabai Khairuprasad Joshi Vs. State of
Maharashtra1 . He placed reliance on paragraph 9 of the
said decision wherein it has stated that "it is necessary for
the recording officer to ascertain fitness of the state of mind
of the patient / victim to make a dying declaration. The
patient must be in a position to understand and answer the
questions put to him / her. The preliminary questions put up
by the recording officer and answers given by the patient
assumes importance for to rely upon the same in order to
record conviction. In other words, sufficient evidence is
necessary to make the dying declaration worthy of reliance."
Kalu Ram vs State Of Rajasthan on 28 July, 1999
1. cri apeal 167-11 (j).doc
she died 17 days after the incident. If the appellant had ever
intended Meena to die, he would not have immediately
rushed her to the hospital in an effort to save her. In view of
the evidence on record, we are inclined to think that the
appellant did not intend to cause her death but
unfortunately the situation slipped out of his control and it
went to a fatal extent. It is obvious that the appellant
realized his folly and was full of remorse, therefore, he
immediately rushed his wife to the hospital in order to save
her. In this view of the matter, the case would fall under
Section 304-II of IPC. We stand fortified in taking this view in
view of the observations of the Supreme Court in the case of
Kalu Ram Vs. State of Rajasthan 2 . In the said case also,
similar facts arose and the Supreme Court held that the case
would not be covered by Section 302 of IPC but it would be
covered by Section 304-II of IPC.
Section 2 in The Indian Penal Code, 1860 [Entire Act]
Section 307 in The Indian Penal Code, 1860 [Entire Act]
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