D. Y. CHANDRACHUD, HIMA KOHLI
State of Jharkhand – Appellant
Versus
Shailendra Kumar Rai @ Pandav Rai – Respondent
JUDGMENT :
DHANANJAYA Y. CHANDRACHUD, J.
| Table of Contents | ||
| (A) | Background | |
| (i) | An overview of the testimonies of the witnesses examined by the prosecution | |
| (a) | Lallan Prasad, PW-11 | |
| (b) | Dr. R.K. Pandey, PW-6 | |
| (c) | Dr. Minu Mukherjee, PW-9 | |
| (d) | Dr. R. Mahto, PW-8 | |
| (e) | Suresh Yadav, PW-12 | |
| (f) | Rekha Dasgupta, PW-7 | |
| (g) | Hostile witnesses | |
| (ii) | An overview of the testimonies of the witnesses examined by the defence | |
| (a) | Dhirendra Rai, DW-1 | |
| (b) | Dasrath Tiwary, DW-2 | |
| (c) | Balmukund Rai, DW-3 | |
| (iii) | The decision of the Sessions Court | |
| (iv) | The High Court’s judgment on appeal | |
| (B) | Issues | |
| (C) | Submissions | |
| (D) | Analysis | |
| (i) | The statement of the deceased is relevant under Section 32(1) of the Indian Evidence Act 1872 | |
| (a) | The victim died due to the burn injuries sustained by her | |
| (b) | The statement of the deceased relates to the cause of her death and the circumstances of the transaction which resulted in her death | |
| (c) | ||
Moti Singh v. State of Uttar Pradesh
State of Karnataka v. Shariff (2003) 2 SCC 473 – Relied [Para 41]
Bhagirath v. State of Haryana (1997) 1 SCC 481 – Relied [Para 41]
Khushal Rao v. State of Bombay, AIR 1958 SC 22 – Relied [Para 42
Ram Bihari Yadav v. State of Bihar
Surinder Kumar v. State of Punjab
Vishnu v. State of Maharashtra
State of Uttar Pradesh v. Ram Sagar Yadav
Satbir v. Surat Singh (1997) 4 SCC 192 – Relied [Para 59]
State of Punjab v. Ajaib Singh (2005) 9 SCC 94 – Relied [Para 59]
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