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1 - 10 of 15 (0.25 seconds)Section 306 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Satyajit Banerjee And Others vs State Of West Bengal And Others on 23 November, 2004
Learned counsel for the accused-respondents in the revision
petition also placed reliance on the judgment of the Supreme Court in
Satyajit Banerjee v. State of West Bengal, 2005 (1) R.C.R. (Cr.) 723, in
which it is held that direction for retrial should not be made by the High
Court in all or every case where acquittal of accused is for want of
Parmar Harpal Singh
2013.11.14 10:22
I attest to the accuracy and
integrity of this document
Chandigarh
Cr. Appeal Nos.S-13-SB of 2003 etc.
[13]
adequate or reliable evidence. Direction for de novo trial could be given
in extraordinary case where Court was convinced that entire trial was
farce. I have gone through this judgment. The law laid down in this
judgment fully applies to the facts of the present case.
State Of M.P vs Dal Singh & Ors on 21 May, 2013
On the other hand, learned counsel for the revision petitioner
in the revision petition placed reliance on the judgment of the Supreme
Court in State of Madhya Pradesh v. Dal Singh and others, 2013 (3)
R.C.R. (Cr.) 1. In this case, it is held that any person can record dying
declaration, but the person who records a dying declaration must be
satisfied that the maker is in a fit state of mind and is capable of making
such a statement.
Govindappa & Ors vs State Of Karnataka on 11 May, 2010
Learned counsel for the revision petitioner in the revision
petition also placed reliance on the judgment of the Supreme Court in
Govindappa v. State of Karnataka, (2010) 6 SCC 533, in which it is held
that the mere absence of medical certificate regarding condition of
deceased by itself is not sufficient to discard the dying declaration.
Medical certification is only a rule of caution. The person recording the
dying declaration must be satisfied about fit state of mind of the patient.
Both these citations will not apply in the case, as already discussed no
doctor was examined, no time was given and no medical record was
produced and at 1.00 p.m. her condition was critical etc.
Shindo Alias Sawinder Kaur And Anr vs State Of Punjab on 31 March, 2011
Learned counsel for the accused-respondents in the revision
petition placed reliance on the judgment of Supreme Court in Shindo alias
Sawinder Kaur and another v. State of Punjab, 2011 (2) R.C.R. (Cr.) 878
(SC), in which the dying declarations were not believed as the doctor was
not examined, who declared the deceased fit to make the statement.