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1 - 6 of 6 (0.18 seconds)The Indian Penal Code, 1860
Smt. Laxmi vs Om Parkash & Ors on 9 July, 2001
In Smt. Laxmi v. Om Prakash (supra), the Apex Court observed that the deceased at the time of recording of statement had 85% deep burns and dehydration while her condition was constantly deteriorating. In such condition was constantly deteriorating. In such condition making of statement and putting signature there by deceased was doubtful. More se, in absence of medical evidence showing that deceased was in a fit physical and mental condition at the relevant time. In the instant case also the prosecution has not placed on record the evidence to the effect that Kumari Manju was in a fit physical and mental condition at the time of making her statement. When doctor was present in the hospital, why he was not called to certify her physical and mental condition? We do not find any satisfactory answer to this question.
Paparambaka Rosamma & Ors vs State Of Andhra Pradesh on 13 September, 1999
In Paparambaka Rosamma & Ors. v. State of Andhra Pradesh (2), it was held by the Apex Court that where the prosecution case solely rested on the dying declaration, it is necessary for the prosecution to prove the dying declaration being genuine, true and free from all doubts and it is recorded when the injured was in a fit state of mind.
Section 307 in The Indian Penal Code, 1860 [Entire Act]
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
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