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1 - 10 of 22 (0.29 seconds)Section 323 in The Indian Penal Code, 1860 [Entire Act]
Section 300 in The Indian Penal Code, 1860 [Entire Act]
Section 34 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Smt. Paniben vs State Of Gujarat on 13 March, 1992
"17. The principal contention is that at the relevant time, deceased
was not in a position to make her statement as she was not in a fit
state of mind. Undisputedly, in the present case, conviction is based
solely on the dying declaration Exh.:41, and therefore, it will be
fruitful to refer the principles governing the appreciation of dying
declaration, discussed and summed by the Supreme Court (Paniben
Vs. State of Gujarat, AIR 1992 SC 1817) in the form of following
propositions:
Section 34 in The Gujarat Police Act, 1951 [Entire Act]
Mafabhai Nagarbhai Raval vs State Of Gujarat on 14 August, 1992
In
the case of Mafabhai Nagrabhai Raval vs. State of Gujarat (AIR
1992 SC 2186), beforethe Supreme Court, the question arose with
respect to whether a person suffering from 99% burn injuries, could be
deemed capable enough for the purpose of making a dying declaration.
The Supreme Court while affirming the conviction, held and observed
that, unless there existed inherent and apparent defect, the court could
not have substituted its opinion for that of the doctors and in light of
the facts of the case, the dying declarations were found to be worthy of
reliance as same had been made truthfully and voluntary. In the present
case also, despite of having 90% burn injuries, the deceased lived for
about 9 days and from the case papers, we do not find anything which
can throw light on the mental impairment of the deceased. Thus,
having regard to the peculiar facts of the case and nature of statements
as well as supporting medical evidence, we satisfied that, at relevant
time, the deceased was conscious and fit state of mind to give
statements. It is relevant to note that, both the authorities who have
recorded the statements, deposed that, deceased at relevant time, was
conscious and mentally fit to give statement. In this aspect, the
objection being raised by the defense that the duty doctor Mr. Dhrvu
who made the endorsement, was not examined by the prosecution and
the doctor who testified, has no personal knowledge. We are not
impressed with the objection as when the persons who recorded the
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statements, satisfied themselves that deceased was in a fit state of
mind, then, non-examination of the doctor who made the endorsement
of fitness, would not render the dying declarations unacceptable.
Raju Trambak Magare And Ors. And Laxman ... vs State Of Maharashtra on 12 December, 2000
We
may profitably refer the judgment of Laxman vs. State of
Maharashtra (AIR 2000 SC 2973), wherein the Constitutional Bench
has laid down the law that, the absence of certification of the doctor as
to fitness of the mind of declarant would not render the dying
declaration unacceptable because the essential requirement is that, the
person who records, it must be satisfied that, deceased was in a fit state
of mind and on the aspect of certificate, the Supreme Court further laid
down that, the certification of a doctor is only a rule of caution and
voluntary and truthful nature of dying declaration can be established
otherwise.
Kalu Ram vs State Of Rajasthan on 28 July, 1999
15. The decision in Kalu Ram case [(2000) 10 SCC 324
: 2000 SCC (Cri) 86] cannot be applied in the instant
case. The element of inebriation ought to be taken into
consideration as it considerably alters the power of
thinking. In the instant case, the accused was in his
complete senses, knowing fully well the consequences
of his act. The subsequent act of pouring water by the
accused on the deceased also appears to be an attempt
to cloak his guilt since he did it only when the deceased
screamed for help. Therefore, it cannot be considered
as a mitigating factor. An act undertaken by a person
in full awareness, knowing its consequences cannot be
treated on a par with an act committed by a person in a
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highly inebriated condition where his faculty of reason
becomes blurred.