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Friday, June 18, 2010

EVIDENCE ACT, 1872

Witness--Once testimony of witnesses aspire confidence documents not necessary for corroboration.; Varinder Kumar & Anr. v. State of Haryana, ; 2010(1) Law Herald (P&H) 776
S.32--Indian Penal Code, 1860, S.304, Part- II--Indian Penal Code, 1860, S.302, 304 Part II--Murder--Dying declaration--Deceased specifically stated that accused pushed him into chemical tank--No enmity to falsely implicate accused--Statement free from suspicion, tutoring or prompting and being truthful worthy of full evidence--Learned trial Court rightly relied on dying declaration to record finding that accused caused death of deceased--However, in view of fact that accused in agitated state merely pushed deceased resulting into fall in chemical tank, it cannot be said that he had intention to kill--Held; that case is covered under exception 4 of Section 300 IPC--Accused is guilty of culpable homicide not amounting to murder--Conviction of accused under Section 302 set aside--He is convicted under Section 304, Part II--In view of his having undergone more than 4 years of imprisonment sentence modified to period already undergone.; Rajneesh Pandey v. State of Haryana, ; 2010(1) Law Herald (P&H) (DB) 757