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Sham Shankar Kankaria Vs. State of Maharashtra
Supreme Court of India
Sep-01-2006
Criminal
Indian Penal Code (IPC), 1860 - Sections 34, 143, 147, 149, 302, 304, 325 and 342; Bombay Police Act, 1951 - Sections 37(1) and 135; Evidence Act, 1872 - Sections 32 and 60
JT2006(8)SC533; 2006(II)OLR(SC)708; 2006(8)SCALE760
the High Court.6. At this juncture, it is relevant to take note of Section 32 of the Indian Evidence Act, 1872 (in short 'Evidence Act') which deals with cases in which statement of relevant fact by person who is … Appropriate provision-- Sections 34, 143, 147, 149, 302, 304, 325 and 342 of Indian Penal Code, 1860 -- Sections 32 and 60 of Evidence Act, 1872 -- Prosecution has clearly established that the vital blow was given by … under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short the 'IPC') and of Section 135 of the Bombay Police
Tag this Judgment! AI Brief & AskRanjeet Singh Vs. State of Rajasthan
Rajasthan
May-04-2005
Criminal
Evidence Act, 1872 - Sections 32 and 32(1); Indian Penal Code (IPC) - Sections 34 and 302; Code of Criminal Procedure (CrPC) , 1973 - Sections 161 and 313
RLW2005(4)Raj2267; 2005(3)WLC719
in 2005 (1) RCR (Criminal) 149 wherein, it has been clearly held that Section 32 of the Indian Evidence Act, 1872 is an exception of general rule of exclusion of the hearsay evidence. Section 32 further provides that where … declaration.33. In view of the foregoing discussions therefore, the prosecution has failed to bring home the offences under Sections 302 and 302/34 IPC against appellant Ranjeet Singh. He is given benefit of doubt and acquitted of the
Tag this Judgment! AI Brief & AskKanti Lal Vs. State of Rajasthan
Supreme Court of India
Apr-17-2009
Criminal
Indian Penal Code (IPC), 1860 - Sections 304B and 498A; Code of Criminal Procedure (CrPC) , 1973 - Sections 313 and 482; Evidence Act, 1872 - Sections 32(1) and 113B
AIR2009SC2703; 2009(6)SCALE116; (2009)12SCC498; 2009AIRSCW4147
each case for the purpose of admissibility of such statement as dying declaration under Section 32[1] of the Evidence Act, 1872.26. In Kamalakar Nandram Bhavsar v. State of Maharashtra : 2004CriLJ615 , this Court on scrutiny of the evidence … dismissing the appeal of Arvind Kumar [A-1] and Kanti Lal [A-3] and confirming their conviction and sentence under Sections 304B and 498A of the Indian Penal Code, 1860 [for short the 'IPC'] recorded by the learned Sessions
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Binod Kumar Sharma Vs. the State of Bihar
Jharkhand
Feb-06-2007
Criminal
Evidence Act, 1872 - Sections 32 and 32(1); Indian Penal Code (IPC) - Sections 304, 306 and 498A; Code of Criminal Procedure (CrPC) - Sections 161 and 313
2007(2)BLJR1141; [2007(3)JCR473(Jhr)]
outside the ambit are not strictly within the permissible limits, laid down under Section 32(1) of the Indian Evidence Act, 1872. The object of a dying declaration is to get person making the declaration the cause of her death … appellant Binod Kumar Sharma has preferred this appeal, which is directed against the judgment of his conviction under Sections 306 & 498A I.P.C. and order of sentence dated 24.4.1999 passed by 1st Addl. Sessions Judge, Jamshedpur against
Tag this Judgment! AI Brief & AskRupsingbhai Tersingbhai Bhedi Vs. State of Gujarat
Gujarat
Oct-07-2004
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 154 and 374(2); Indian Penal Code (IPC) - Sections 34 and 304; Evidence Act, 1872 - Sections 32 and 32(1)
(2005)1GLR99
declaration of deceased as deposed, by two above said witnesses.11. Dying declaration under Section 32(1) of the Indian Evidence Act, 1872 is an exception to the general rule that hearsay evidence is not admissible evidence, unless evidence is tested … if he is not required to be detained in jail for any other purpose. Criminal - corroboration - Sections 154 and 374 (2) of Criminal Procedure Code, 1973, Sections 34 and 304 of Indian Penal Code, 1860
Tag this Judgment! AI Brief & AskThe State of Maharashtra Vs. Dnyaneshwar Narayan Pote and Chabubai Nar ...
Mumbai
Jul-25-2003
Criminal
Indian Penal Code (IPC) - Sections 34, 109, 114, 302, 307 and 498A; Code of Criminal Procedure (CrPC) - Sections 313 and 428; Evidence Act, 1872 - Sections 32 and 32(1)
2004(1)MhLj121
The law on dying declaration is well settled by now. Clause (1) of Section 32 of the Indian Evidence Act, 1872, statement made by a person, who is dead, as to the cause of his death or as to … Sessions Case No. 67 of 1987 by which the respondents-accused have been acquitted of the offences punishable under Sections 302, 498A read with Section 34 and 498-A, 109 or 114 of the Indian Penal Code (for short,
Tag this Judgment! AI Brief & AskViramji Mohatji Thakore Vs. State of Gujarat
Gujarat
Aug-03-2004
Criminal
Evidence Act, 1872 - Sections 32 and 32(1); Code of Criminal Procedure (CrPC) , 1973 - Sections 157, 313 and 374; Indian Penal Code (IPC) - Sections 300, 302, 304 and 307
(2005)2GLR1622
learned Judge in the impugned judgment. Criminal - commission of offence - Sections 32 and 32 (1) of Evidence Act, 1872, Sections 157, 313 and 374 of Criminal Procedure Code, 1973 and Sections 300, 302, 304 and 307 of Indian
Tag this Judgment! AI Brief & Askibrahimkhan Pirkhan Pathan Vs. State of Maharashtra
Mumbai
Oct-05-2002
Criminal
Indian Penal Code (IPC), 1860 - Sections 300; Code of Criminal Procedure (CrPC) , 1974 - Sections 154 and 162; ;Evidence Act, 1872 - Sections 32 (1), 145, 155 and 157
2003BomCR(Cri)866; 2003CriLJ1802
with Section 34 of Indian Penal Code, 1860, Sections 154 and 162 of Criminal Procedure Code, 1973 and Sections 32 (1), 145, 155 and 157 of Evidence Act, 1872 - appeal against conviction under Section 302 read with Section … the Court, by prosecution, to contradict such witness in the manner provided by Section 145 of the Indian Evidence Act, 1872 (1 of 1872); and when any part of such statement is so used, any part thereof may also
Tag this Judgment! AI Brief & AskAshok Batra S/O Shri Karam Chand Batra, Mehrauli, New Delhi, Vs. the S ...
Delhi
Aug-14-2002
Criminal
Indian Penal Code (IPC) - Sections 34, 302, 304B, 306 and 498A; Code of Criminal Procedure (CrPC) - Sections 161 and 173; Evidence Act, 1872 - Sections 8, 32, 32(1) and 113A
102(2003)DLT642; I(2003)DMC287; 2003(67)DRJ91
the prosecution to establish that the concerned person has committed suicide. Presumption under Section 113A of the Indian Evidence Act, 1872 would also be drawn only when it is shown that she had committed suicide within period of seven … been written by the deceased. The learned counsel contended that under Section 32 of the Evidence Act the same would be relevant.19. Section 498A of … and 29th November, 2000 respectively. The learned trial court held the appellants guilty of the offences punishable under Section 306/34 and 498A/34 Indian Penal Code. Each of the appellant was sentenced to undergo rigorous imprisonment for three … to undergo rigorous imprisonment for three years and a fine of Rs. 15,000/- for the offence punishable under Section 306/34 Indian Penal Code. In default
Tag this Judgment! AI Brief & AskRajendra Singh Vs. State of Rajasthan
Rajasthan
May-24-1995
Criminal
Evidence Act, 1872 - Sections 22(1), 32 and 32(1); Rajasthan Police Rules, 1965 - Rule 6.22; Code of Criminal Procedure (CrPC) , 1973 - Sections 161, 162, 162(2), 311 and 313; Indian Penal Code (IPC), 1860 - Sections 300, 302, 304B, 307, 326 and 498A
1996CriLJ1560; 1995(3)WLC200; 1995(2)WLN566
law on dying declarations is well settled by now. Under Clause (I) of Section 32 of the Indian Evidence Act, 1872, statement made by a person, who is dead, as to the cause of his death or as to … Rajendra Singh Bhati has filed this appeal against the judgment dated September 16, 1994, passed by the Additional Sessions Judge No. 1, Kota, in Sessions … after obtaining certificate of fitness from the duty doctor.3. The above statement revealed commission of offences punishable under Sections 498A and 307 I.P.C., as such, the same was transmitted to Police Station, Gumanpura for registration of case
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