AI Overview...
- Ground of Dying Declaration Not Furnished Properly - The legality of a dying declaration depends on proper recording and corroboration; failure to furnish the ground or basis of the declaration can render it inadmissible or unreliable as evidence. For instance, in Thamala Gunnayya VS State of A. P. - Andhra Pradesh, the case hinges on circumstantial evidence and dying declarations, but the importance of proper corroboration and procedural correctness is implicit.
- Support and Corroboration of Dying Declarations - Courts generally require that dying declarations be supported by independent evidence, such as eyewitness testimonies or medical records, to be deemed trustworthy. In RAVEENDRAN vs STATE OF KERALA - Kerala and Raveendran S/o. Kunjan Vaidyan VS State of Kerala Represented By The Public Prosecutor, High Court of Kerala, Ernakulam - Kerala, the courts upheld the dying declarations based on supporting testimonies and medical certification, emphasizing their credibility when properly recorded.
- Admissibility and Legal Standards - The admissibility of dying declarations is contingent upon proper recording, the declarant’s mental state, and absence of undue influence. In Shambhu VS State of Madhya Pradesh - Crimes, the court considered whether the declaration was credible and properly recorded, weighing it alongside other evidence. The court disbelieved or accepted the declaration based on procedural and substantive grounds.
- Illegal Arrest and Grounds for Arrest - Police have statutory authority to arrest suspects for investigation, and mere non-cooperation or lack of furnishing grounds does not necessarily make an arrest illegal, as noted in Mangesh Vasantrao Deshpande VS Ganesh Shivramji Mehare - Bombay. The legality hinges on adherence to legal procedures, not on the suspect’s cooperation.
- Discrepancies and Minor Variations in Evidence - Courts often consider minor discrepancies in evidence, especially in cases involving accidents or injuries, and do not necessarily disbelieve evidence solely on minor inconsistencies, as seen in State of Punjab VS Paramjit Singh - Punjab and Haryana and State of Punjab VS Paramjit Singh - Punjab and Haryana.
- Impact of the Appellant’s Credentials and Antecedents - The antecedents of the accused can influence the assessment of their credibility but do not automatically determine guilt or innocence. The courts analyze the totality of evidence, including the credibility of the accused, as discussed in State of Punjab VS Paramjit Singh - Punjab and Haryana.
Analysis and Conclusion
The core issue revolves around the admissibility and reliability of dying declarations made without proper grounding or procedural compliance. Courts emphasize that for a dying declaration to be accepted, it must be recorded properly, supported by independent evidence, and free from influence. Failure to furnish the ground or improper recording can lead to disbelieving such declarations, as seen in various judgments. Additionally, police acts such as arrests are lawful when procedures are followed, regardless of the accused’s cooperation. Minor discrepancies in evidence are generally not sufficient to disbelieve credible testimonies or declarations. Overall, the legal standards prioritize procedural correctness and corroboration to ensure that dying declarations are reliable and legally admissible.
Search Results for "Not Furnishing the Ground of Dying Declaration Made Arrest Illegal"
2020 0 Supreme(AP) 777 • India - Andhra Pradesh
AKULA VENKATA SESHA SAI, K.SURESH REDDY
offence and the entire case of the prosecution rests on 'circumstantial evidence and the confession statement said to have been made ... by the appellant before the Sarpanch of the village, the dying declaration of Sukhwinder Kaur recorded by the Police on 10.12.1990 and the dying declaration recorded by the judicial Magistrate on 11.12.90. ... It has been regarded as a piece of evidence furnishing independent corroboration to the dying declarations.....
2019 Supreme(Online)(KER) 36250 • India - High Court of Kerala
A.M.SHAFFIQUE, N.ANIL KUMAR, JJ
Ratio Decidendi: The court ruled that the dying declaration, supported by eyewitness testimonies and the timeline of events ... declaration is sufficient to support conviction. ... declaration and corroborative testimonies about the harassment for dowry leading up to her death. ... It was found that the dying declaration is trustworthy of credence. ... PW10 Dr.Sajeev was also present while recording Ext.P6 Dying Declaration of the victim. PW9 obtain....
2018 0 Supreme(MP) 611 • India - Madhya Pradesh
HEMANT GUPTA, ATUL SREEDHARAN
want to live life of disgrace -- conveyed that accused were hungry and she became their food -- entire reading of dying declaration ... declaration as she died same day -- admissible not only in relation to cause of death but also to circumstances of transaction which ... does not absolve accused though she said that they be not punished -- suicide note statement in handwriting of victim -- is a dying ... But if a conviction is based on the evidence of a prosecutrix w....
2012 0 Supreme(Bom) 450 • India - Bombay
A.P.BHANGALE
Where respondents-accused of committing offences under Sections 325 and 307/34, IPC granted anticipatory bail but they were not cooperating ... According to the learned Advocate for non-applicant nos.1 & 2, police station concerned submitted BSummary report in respect of past crime alleged on the ground of illegal money lending. ... ... Police have statutory right to arrest an offender/accused to inquire/investigate according to law and no protection from arrest can be granted bearing in mind that even....
• India - Crimes
R.P.SETHI, K.G.BALAKRISHNAN
declaration recorded by PW-9/Executive Magistrate and other corroborative evidence - Sessions Court whether disbelieved dying declaration ... He reached the hospital and recorded the dying declaration of the deceased Sunder Bai. ... have weighed with the Sessions Judge in disbelieving the dying declaration. ... The Sessions Judge disbelieved the dying declaration on flimsy grounds based on irrelevant consideration....
• India - Crimes
MEHINDER SINGH SULLAR
driving bus in rash and negligent manner hit a scooter coming on his front side and caused fatal accident—Plea for probation—Case was rarest ... The accused could not control and rammed the offending bus into their scooter. As a result thereof, they felled on the ground and suffered multiple injuries. ... He could not control and rammed it into their scooter. As a result thereof, they felled on the ground and suffered multiple injuries. Dr. ... Likewise, the minor discrepancies here and there with regar....
1988 0 Supreme(Cal) 377 • India - Calcutta
A.C.SENGUPTA, J.N.HORE
declaration, and the presumption as to abetment of suicide by a married woman under Section 113a of the Evidence Act. ... court discussed the acts and sections referenced in the judgment, including the definition of abetment, the nature and scope of dying ... Issues: The key issues included whether the appellants abetted the commission of suicide by Sikha, the admissibility of statements made ... The Indian law on the question of the nature and scope of dying declaration has made a dis....
2019 0 Supreme(Ker) 515 • India - Kerala
A.M.SHAFFIQUE, N.ANIL KUMAR
linking the appellant with the commission of the offences under Section 498A, 304B and 302 of IPC beyond doubt-Newspaper report is not ... Finding of the court: The trial court did not commit any error in convicting ... It was found that the dying declaration is trustworthy of credence. ... PW10 Dr.Sajeev was also present while recording Ext.P6 Dying Declaration of the victim. PW9 obtained certificate from the Doctor before and after recording the Dying Dec....
2013 0 Supreme(P&H) 762 • India - Punjab and Haryana
Mehinder Singh Sullar
for the appellate Court to take a different view of the evidence after ignoring the entire prosecution evidence on speculative grounds ... reason that the offending bus was standing at the left side of the road after causing the accident shown in the photographs, is not ... nbsp;(C) Indian Penal Code, 1860, Ss.279 & 304-A--Rash & Negligent Driving--Death by Negligence--Revisional Jurisdiction--It is not ... He could not control and rammed it into their scooter. As a result thereof, they felled on the ground#HL_....
2013 0 Supreme(P&H) 756 • India - Punjab and Haryana
Mehinder Singh Sullar
viii)The antecedent and credentials of the accused are such that he has not ... He could not control and rammed it into their scooter. As a result thereof, they felled on the ground and suffered multiple injuries. Dr. ... The accused could not control and rammed the offending bus into their scooter. As a result thereof, they felled on the ground and suffered multiple injuries. ... Likewise, the minor discrepancies here and there with regard to width, presence of mud on the road and existence of houses &....
Filter by Legal Phrase
