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

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

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

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

EVIDENCE ACT, 1872

Specific Relief Act, 1963, S.34--Expert Evidence--Permanent Injunction--Notice to plaintiff that he stood guarantor by mortgaging his house by deposite of original sale deed as collateral security for repayment of loan--Statement of plaintiff that he never signed documents to create mortgage duly supported by report of hand writing expert and finger print expert--Case of plaintiff that envelop containing original sale deed was left in house of defendant no.2 and in view to defraud him he gave it to defendant no.1 for securing loan--No person examined by defendants to prove that signature were appended by plaintiff in their presence on documents regarding deposit of title deeds--Mere fact that plaintiff did not lodge any complaint against defendant no.2 did not mean that liability could be fastened upon them which was otherwise not proved--Finding of Courts below that plaintiff created mortgage in respect of property in dispute by way of deposit of title dead as collateral security for repayment of loan advance set aside. ; Ranbir Singh & Ors. v. Haryana Financial Corporation & Ors.; 2010(1) Law Herald (P&H) 597
S.43--Forgery--Sale deed--Binding effect of Civil Court Judgment in Criminal Trial--Merely, on the basis of the Civil Court judgments, it could not be conclusively held, in the Criminal Trial, that the sale deeds were the result of fraud, forgery and misrepresentation--Under these circumstances, the judgments of the Civil Court, cannot be said to be binding, on the Criminal Court, for the purpose of deciding the guilt of the accused, in a criminal case.; Budh Ram v. State of Haryana ; 2010(1) Law Herald (P&H) 631
S.116--Estoppel--Title--Defendant claimed himself to be lessee in property--Even he admitted in cross examination that he had been paying lease money to plaintiff--He is estopped from denying title of her owner/landlord during subsistence of such lease.; Dalipa @ Dhakkar Shah v. Punjab Wakf Board (A Corporate Body) Ambala Cantt., through its Secretary/Ex. Officio, Mutawali.; 2010(1) Law Herald (P&H) 580

Bahi Entry--Reliance on

2010(1) LAW HERALD (P&H) 449
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mrs. Justice Sabina
RSA No. 2803 of 1998 (O&M)
Baljit Kaur & Anr.
v.
Makhan Singh
{Decided on 12/11/2009}
For the Appellants: Mr. PPS Duggal, Advocate.
For the Respondent: Mr. Binderjit Singh, Advocate, Mr.Simaranjit Singh, Advocate.
Evidence Act, 1872--Bahi Entry--Reliance on--Standard thumb impression--Bahi entry was not page maked and there was no date relating to the writing in the bahi entry--Witness who was examined to prove the writing in the bahi entry is none other than the real brother--Court rightly held that the Bahi entry could not be relied upon to establish the standard thumb impression.