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1 - 10 of 10 (0.21 seconds)Section 304 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
State Tr.P.S.Lodhi Colony,New Delhi vs Sanjeev Nanda on 3 August, 2012
31. To make out the offence punishable under Section 304 of the Indian Penal
Code, the prosecution has to prove that death of the person in question was
caused by an act of the accused and he knew that such act of his own was
likely to cause death [State Vs. Sanjeev Nanda (AIR 2012 SC 3104)].
Section 300 in The Indian Penal Code, 1860 [Entire Act]
Section 164 in The Code of Criminal Procedure, 1973 [Entire Act]
Irfan@ Naka vs The State Of Uttar Pradesh on 23 August, 2023
8. The learned Amicus Curiae for the appellant further relied on a decision of
Hon'ble Supreme Court passed in Criminal Appeal Nos. 825-826 of 2022
[Irfan @ Naka Vs. The State of Uttar Pradesh], wherein, in paragraph Nos.
62, 63 & 64, it has been held as under:
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Sri. Sujit Biswas vs State Of Assam on 28 May, 2013
In
Page No.# 7/18
this context, she further relied on another decision of Hon'ble Apex Court
reported in (2013) 12 SCC 406 (Sujit Biswas Vs. State of Assam),
wherein, it has been held that " suspicion, however grave it may be, cannot take
the place of proof. The large distance between 'may be' true and 'must be' true,
must be covered by way of clear, cogent and unimpeachable evidence produced
by the prosecution, before an accused is condemned as a convict. The court
must maintain the vital distance between mere conjectures to be arrived at, on
the touchstone of dispassionate judicial scrutiny, based upon a complete and
comprehensive appreciation of all features of the case, as well as the quality
and credibility of the evidence brought on record."
Darshana Devi vs State Of Punjab on 11 October, 1995
26. The Hon'ble Apex Court in the case of Darshana Devi Vs. State of
Punjab, reported in 1995 Supp(4) SCC 126, has held that even though an
oral dying declaration can form the basis of conviction in a given case, but such
a dying declaration has to be trustworthy and free from every blemish and
should inspire confidence.
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