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1 - 8 of 8 (0.47 seconds)Section 498A in The Indian Penal Code, 1860 [Entire Act]
Raghunath Laxman Wani And Ors vs State Of Maharashtra And Ors on 6 August, 1971
6. Shri N. N. Jadhav, the learned APP, on the other hand supported the order of conviction and sentence. It was submitted that both the dying declarations are consistent and have been recorded in normal course, in presence of Medical Officer viz. Dr. Ramkrishna Teli (PW6). The writers of the dying declarations viz. Arun Moghe (PW 7) and Raghunath Wani (PW 8) were examined before the trial Court and their testimony, regarding the mental condition of the deceased, has been supported by the oral evidence of Dr. Ramkrishna Teli (PW 6). He referred to the Constitution Bench decision in the case of Laxman v. State of Maharashtra, and urged that the dying declarations were required to be accepted as proper and without suffering from any infirmities. Both these dying declarations were recorded by public servants and there was no reason to suspect the bona fides of any of these officers.
Section 307 in The Indian Penal Code, 1860 [Entire Act]
Sarwan Singh Rattan Singh vs State Of Punjab [Alongwith Criminal ... on 10 April, 1957
Thus, weighing the prosecution case in any of these circumstances, we find that even on the basis of circumstantial evidence, it has failed to prove that it was the accused who had set Sarala on fire. There may be circumstances giving rise to strong suspicion regarding involvement of the accused, but unless it is proved beyond reasonable doubt, that he was involved in setting Sarala on fire, the prosecution case cannot be accepted and the view taken by the trial Court does not appeal to us. In this regard, we may usefully refer to observations made by their Lordships in case of Sarwan Singh Rattan v. State of Punjab, in the following words:--
Kushal Rao vs The State Of Bombay on 25 September, 1957
In the case of Khushal Rao v. State of Bombay, , it has been held that in order to pass the test of reliability, a dying declaration has to be subjected to a very close scrutiny, keeping in view the fact that the statement has been made in the absence of the accused who had no opportunity of testing the veracity of the statement by cross-examination. But once, the Court has come to the conclusion that the dying declaration was the truthful version as to the circumstances of the death and the assailants of the victim, there is no question of further corroboration. If, on the other hand, the court, after examining the dying declaration in all its aspects, and testing its veracity, has come to the conclusion that it is not reliable by itself, and that it suffers from an infirmity, then, without corroboration it cannot form the basis of a conviction.
Smt. Laxmi vs Om Parkash & Ors on 9 July, 2001
In the case of Smt. Laxmi v. Om Prakash and Ors., , on the reliability of the dying declaration and the conviction being based on a sole dying declaration, their Lordships stated thus :--
Kamalakar Nandram Bhavsar And Ors. vs State Of Maharashtra on 21 November, 2003
5. Shri S. S. Nirkhee, the learned Advocate for the appellant - accused, submitted before us that both the dying declarations (Exh. 27 and 34) suffered from grave infirmities and they do not inspire confidence, so as to base the conviction and to hold that Sarala died a homicidal death and not a suicidal death. He pointed out that the defence, in addition to having taken a specific plea, has also examined Narayan (DW 1) in support of its case that at the relevant time Sarala was alone at the house and the accused was at his panshop. Once the defence has discharged this burden by adducing proof, it was necessary for the prosecution to prove its case beyond reasonable doubt that Sarala died a homicidal death and the accused was the author of the same and none else. Regarding the validity of the dying declarations, Shri S. S. Nirkhee, relied upon a judgment of this court in the case of Shyamrao Vitthal Poiemwar v. State of Maharashtra, 2001(4) Mh.L.J. 233 and the subsequent decision in case of Kamlakar Bhavsar and Ors. v. State of Maharashtra, 2003 AIR SCW 6542.
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