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Thursday, July 1, 2010

Evidence Act, 1872

S.32--Indian Penal Code, 1860, S.302/34--Murder--Dying declaration--Evidentiary value of--Death by burning--Deceased and accused (husband) married in the year 1990--No previous allegation of being harassed or treated with cruelty by accused or members of his family--Statement made by deceased inculpating accused after having been tutored, prompted and instigated by members of her family from parents side who were present there--In such circumstances, dying declaration can not constitute sole basis for recording conviction of accused in absence of any other reliable and trustworthy corroborative evidence--Accused acquitted giving benefit of doubt.; Satpal Singh & Anr. v. State of Punjab, ; 2010(1) Law Herald (P&H) (DB) 845