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1 - 10 of 34 (0.32 seconds)Section 304B in The Indian Penal Code, 1860 [Entire Act]
Section 498A in The Indian Penal Code, 1860 [Entire Act]
The Dowry Prohibition Act, 1961
Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Kushal Rao vs The State Of Bombay on 25 September, 1957
65. In addition to above, in the instant case, the deceased was admitted in the hospital on 12.10.2007, in spite of that, her dying declaration (Ext. Ka-2) was recorded on 17.10.2007 i.e. after five days. As, her general condition since the beginning was very low as she had sustained 95% burns and was on oxygen support then why her statement was recorded after five days. Although there is evidence of Dr. S.B. Mishra (PW-5), the Emergency Medical Officer of the hospital, that he sent an information to the Magistrate for recording the dying declaration on 13.10.2007 but the Executive Magistrate (PW-4) stated that he received the request/information only once and on first call he arrived at the hospital to record the dying declaration. In any view of the matter, fact is that the dying declaration (Ext. Ka-2) was recorded after five days of admission of the deceased in the hospital, which is against the guidelines laid down by the Apex Court in the case of Kushal Rao Vs. State of Bombay (supra) wherein it has been held that the same should recorded at the earliest.
Section 161 in The Code of Criminal Procedure, 1973 [Entire Act]
State Of Maharashtra vs Krishnamurti Laxmipati Naidu on 12 November, 1980
(vii) Merely because a dying declaration does not contain the details as to the occurrence, it is not to be rejected. State of Maharashtra Vs. Krishnamurti Laxmipati Naidu 1980 Supp SCC 455
Nanhau Ram And Anr. vs State Of Madhya Pradesh on 24 February, 1988
(ix) Normally the court in order to satisfy whether deceased was in a fit mental condition to make the dying declaration look up to the medical opinion. But where the eye witness has said that the deceased was in a fit and conscious state to make this dying declaration, the medical opinion cannot prevail. (Nanahau Ram Vs. State of M.P. 1988 Supp SCC 152