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1 - 10 of 11 (0.59 seconds)Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 34 in The Indian Penal Code, 1860 [Entire Act]
Section 34 in The Indian Evidence Act, 1872 [Entire Act]
Section 215 in The Code of Criminal Procedure, 1973 [Entire Act]
Bhagwandas Keshwani And Anr. vs State Of Rajasthan on 3 April, 1974
11A. Apart from the reason urged by Ms. Mazrello for not placing credence on the oral dying declaration, there is another reason which is to be found in the form of the observations of the Apex Court in paragraph 12 of the oft-quoted case of Bhagwandas v. State of Rajasthan reported in AIR 1957 SC 589 : (1957 Cri LJ 889). In the context of oral dying declarations in the said paragraph, their Lordships of the Supreme Court observed that ordinarily it is not safe to place reliaane on them. To put it in their own words :-
The Code of Criminal Procedure, 1973
Kushal Rao vs The State Of Bombay on 25 September, 1957
19. We have borne in mind the words of wisdom stated in the oft-quoted case of Khushal Rao v. State of Bombay, wherein in paragraph 16, B. P. Sinha, J. speaking for the Court has laid down certain precaution to be borne in mind by the Court before accepting a dying declaration. In paragraph 16, his Lordship has observed thus :