AI Overview...
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Dying Declaration - The entry of the alleged history of the case in case sheets or medical records cannot be automatically treated as a dying declaration. Such entries may be based on secondhand information or assumptions rather than direct testimony from the victim. For example, in Mamta VS State Of Haryana - Punjab and Haryana, the court emphasized that the case sheet entry regarding burning with gas stove does not constitute a dying declaration.
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Credibility of Case History - The reliability of case histories recorded in medical or police records is often scrutinized. In Ashok Prajapati VS State of M. P. - Madhya Pradesh, it was noted that the history was provided by a relative, not the victim herself, and thus could not be considered a direct dying declaration. Similarly, in Baldev Raj VS Bimla - Punjab and Haryana, inconsistencies in case history entries raised doubts about their accuracy.
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Legal Implications of Entries in Case Sheets - Entries in case sheets or history sheets are subject to judicial scrutiny, especially when used as evidence. In Vishnu s/o. Asaram Kanade VS State of Maharashtra - Bombay, the court disbelieved the prosecution's case partly because of false entries in case papers, highlighting that such records could be manipulated or inaccurately recorded.
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Quashing and Removal of Records - The courts have ordered the removal or quashing of entries in surveillance registers or history sheets when they are found unjustified or based on incomplete information. For example, in Rajinder Verma VS State Of Haryana - Punjab and Haryana and Parvinder Singh Dakha VS State of Punjab - Punjab and Haryana, the petitioner's name was removed from police records and history sheets due to procedural errors or lack of proper evidence.
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Impact on Legal Proceedings - Incorrect or unverified case history entries can adversely affect criminal and civil cases, including convictions or dismissals. In Mamta VS State Of Haryana - Punjab and Haryana and Ashok Prajapati VS State of M. P. - Madhya Pradesh, the courts emphasized that mere entries in records do not establish facts unless supported by credible evidence or direct testimony.
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Conclusion - Entries in case sheets, police registers, or medical records are not conclusive evidence of facts like dying declarations. Their credibility depends on the source, accuracy, and corroboration. Courts remain cautious in relying solely on such records for critical legal determinations, emphasizing the need for direct evidence and proper procedure.
References: - Mamta VS State Of Haryana - Punjab and Haryana - State of Maharashtra VS Ram s/o Kachru Soundarmal - Bombay - Rajinder Kumar VS R. S. Parmar, Asst. Superintendent - Crimes - Vishnu s/o. Asaram Kanade VS State of Maharashtra - Bombay - Ashok Prajapati VS State of M. P. - Madhya Pradesh - Baldev Raj VS Bimla - Punjab and Haryana - Rajinder Verma VS State Of Haryana - Punjab and Haryana - Ramappa VS State of Karnataka Represented by State Public Prosecutor - Karnataka - Parvinder Singh Dakha VS State of Punjab - Punjab and Haryana - SHIJO Vs TOMY - Kerala
Search Results for "Ar Entry is only History of the Case"
2002 0 Supreme(P&H) 453 • India - Punjab and Haryana
V.M.JAIN, AMARBIR SINGH GILL
Dying Declaration - Murder - Indian Penal Code - Section 302, Section 307, Section 120-B Fact of the Case: The appellant ... Likewise, entry of alleged history of the case given in the case sheet of Aradhana deceased cannot be treated as dying declaration. ... 15. ... The entry regarding history of the case and admission slip refers to "alleged burning with gas stove or bursting of gas stove." A mere perusal of admission entry in ....
2018 0 Supreme(Bom) 825 • India - Bombay
T.V.NALAWADE, K.L.WADANE
- Further from above entry it appears that relatives were also not in position to give history - If at all disclosure offence was ... - Since money was not paid both accused persons have committed murder by setting her on fire – Held, On plain reading aforesaid entry ... definitely they could have stated so before medical officer moment when was admitted in hospital - Further from endorsement on case ... History narrated by patient and relative. History of accidental burn at around 11.....
• India - Crimes
B.S.THAKUR, P.D.DESAI
In the instant case, on the basis of Petitioner's unfitness be was removed from Chakor Mushakat. ... The relevant, entry in the history-sheet of the petitioner is, therefore, quashed: The petitioner will be placed back on chakar mushakat duty, unless, after following the procedure as indicated above, he is removed therefrom in accordance with law.1 Rule made absolute in the aforesaid ... In our view, therefore, the action taken by the jail authorities in the instant case is wholly unsustainable.
2016 0 Supreme(Bom) 2033 • India - Bombay
A.V.NIRGUDE, V.K.JADHAV
The court disbelieved the prosecution case and acquitted the accused of all charges. ... The court disbelieved the prosecution case and acquitted the accused of all charges. ... The court concludes that the prosecution case is not trustworthy and acquits the accused of all charges. ... He helped creation of false evidence against the accused, by making entry of history in the case papers subsequently. This entry was probably subsequently added to support the prosecuti....
2014 0 Supreme(MP) 1579 • India - Madhya Pradesh
AJIT SINGH, N.K.GUPTA
Fact of the Case: The appellant was convicted of offenses under Section 302 and 498-A of IPC based on the dying declarations ... It is possible that in the case history, this fact was mentioned in the document, Ex.P/1 and it might not be given by Manisha herself and such history was given by Ramesh to the doctor and therefore, by entry of that case history, it cannot be said that, that entry was a dying declaration of Manisha. ... Firstly, the oral....
1997 0 Supreme(P&H) 1101 • India - Punjab and Haryana
M.L.SINGHAL, G.S.SINGHVI
Fact of the Case: Husband filed a petition for dissolution of marriage under Section 13 of the Hindu Marriage Act, ... She had been brought by her father who gave the history of the ailment. He examined the patient in the light of the case history. He examined the patient once again on 15.10.1980. ... Strange enough, he does not figure on the put Patient Ticket Mark A on the patients case history (bed Head Ticket) Mark B, on 1540.1980. ... Ravinder Mohan Sharma PW2 stated that as per....
1994 0 Supreme(P&H) 838 • India - Punjab and Haryana
V.K.JHANJI
Fact of the Case: Petitioner, a social worker and vocal critic of police atrocities, challenged the entry of his name ... ORDERED TO BE REMOVED FROM REGISTER AND HISTORY-SHEET QUASHED. ... POLICE SURVEILLANCE - REMOVAL OF NAME FROM REGISTER - PUNJAB POLICE RULES, 1934 - RULE 23.4 - HISTORY-SHEET - OPENING - CONDITIONS ... X, Part II and history-sheet of the petitioner opened pursuant to entry in the register shall stand quashed. In the circumstances of the case, pet....
2011 0 Supreme(Kar) 464 • India - Karnataka
H.BILLAPPA, ARALI NAGARAJ
Billappa & Arali Nagaraj, JJ] Dying declaration - Doctor made entry in case sheet as to history that husband of deceased burnt her ... Billappa & Arali Nagaraj, JJ] Allegations made against accused in dying declaration clearly established case of cruel treatment by ... decease, much less stomach ache - Held, It could not be held, on basis of above evidence of witnesses PWs 3 and 4, that it was a case ... The Doctor has made entry in the case sheet Ex.P13 as to the #HL....
1987 0 Supreme(P&H) 738 • India - Punjab and Haryana
UJAGAR SINGH
CRIMINAL LAW - HISTORY SHEET - QUASHING - PUNJAB POLICE RULES, 1934 - RULES 23.4, 23.5(2), 23.9 - ENTRY OF NAME IN SURVEILLANCE ... REGISTER AND OPENING OF HISTORY SHEET - CONDITIONS - ACQUITTAL IN CRIMINAL CASE - EFFECT - NAME TO BE REMOVED FROM SURVEILLANCE ... Issues: Whether the entry of the petitioner's name in the surveillance register and the opening of his history sheet were ... The petitioner applied for various posts after doing M.Sc., but entry of the name....
2009 Supreme(Online)(KER) 1413 • India - High Court of Kerala
M.N.KRISHNAN, J
Final Decision: The award was set aside and the case was remitted to the Tribunal for further evidence. ... Fact of the Case: The claimant appealed against a Tribunal's award dismissing his claim for injuries sustained in an ... John's hospital, there a statement is made "that an alleged history of RTA". Until and unless one is able to prove that there is some entry in the case sheet maintained by St. John's hospital, the mere statement that "history of RTA" may not be sufficient.....
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