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Landmark Judgments and Articles on Law

Can the court convict the accused if the common thread runs through multiple dying declarations?

Supreme Court JUSTICE M. R. SHAH JUSTICE B. V. NAGARATHNA State of U.P. Vs. Veerpal Anr. CRIMINAL APPEAL NO. 34 OF 2022 1st February 2022 Author: M. R. Shah, J. Citation: 2022 ALL SCR (ONLINE) 112 a name=”more”> 1. Feeling aggrieved and dissatisfied with the impugned…

How to appreciate evidence if there are Oral and written multiple dying declarations?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPEAL NO. 295 OF 2014 Sanjay Maruti Doule Vs The State of Maharashtra CORAM : V. K. JADHAV AND SHRIKANT D. KULKARNI, JJ. Pronounced on : 08.09.2021 JUDGMENT (PER SHRIKANT D. KULKARNI, J.)…

Whether the court can make out a case of cruelty against husband U/S 498A of IPC based on stale letters issued by the wife to her father?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.589 OF 1998 Pandurang Ganpat Thalkar, Vs The State of Maharashtra, CORAM : MRS. BHARATI DANGRE, J. PRONOUNCED ON : 30TH JUNE, 2021. 1. The Appellant, who was impleaded as Accused No.1…

Whether statement of victim recorded U/S 161 of CRPC can be treated as Dying declaration if victim dies subsequently?

IN THE SUPREME COURT OF INDIA Criminal Appeal No. 1192 of 2018 Decided On: 10.10.2018 Pradeep Bisoi Vs. The State of Odisha Hon’ble Judges/Coram:A.K. Sikri and Ashok Bhushan, JJ. Citation: (2019) 11 SCC 500 1. This appeal has been filed by the Accused against the…

Principles Governing Dying Declaration

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 870 OF 2006 Atbir …. Appellant(s) Versus Govt. of N.C.T. of Delhi …. Respondent(s) WITH CRIMINAL APPEAL NO. 877 OF 2006 JUDGMENT P. Sathasivam, J. 1) These appeals are destined opposite a final…

Whether court can rely on dying declaration of victim who has suffered 100% burn?

IN THE SUPREME COURT OF INDIA Criminal Appeal No. 354 of 1986 Decided On: 27.01.1987 Suresh Vs. State of Madhya Pradesh Hon’ble Judges/Coram:G.L. Oza and M.M. Dutt, JJ. Citation: AIR 1987 SC 860 1. This appeal by special leave is directed against the judgment of…

Vague and cryptic allegations – 498a Conviction reversed

IN TH SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 963/2018 (arising out of Special Leave Petition (Crl.) No.9142/2016) SOW. CHHAYA …..Appellant Versus THE STATE OF MAHARASHTRA …..Respondents JUDGMENT MOHAN M. SHANTANAGOUDAR, J. Leave granted. 2. This appeal is presented by the convicted…

Condonation of 248 days delay in 498A

Delhi High Court (15 Jan, 2016) Chander Bhan vs. State & Ors CASE NO.Crl.A 103/2013 CRL. M.A 671/2013 JUDGES G.S Sistani Sangita Dhingra Sehgal, JJ. ATTORNEY(S) Mr. Madhav Khurana and Mr. Jaivir Bains, Advocates. Ms. Anita Abraham, APP for State with Inspector Narender Kumar, PS…

Madras HC : Dying stipulation might not always be a truth

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 10.12.2015 RESERVED ON : 21.04.2015 PRONOUNCED ON : 10.12.2015 CORAM : THE HONOURABLE MR.JUSTICE P.R.SHIVAKUMAR Criminal Appeal(MD) No.377 of 2006 Raja … Appellant/Accused No.1 Vs. State represented by,the Inspector of Police Nesamani Nagar Police Station, Kanyakumari…

Dying declaration a suspect document, Sections 498A and 302 IPC Quashed

IN THE HIGH COURT AT CALCUTTA CRIMINAL APPELLATE JURISDICTION Present : The Hon’ble Justice Nadira Patherya And The Hon’ble Justice Asim Kumar Ray C.R.A. No. 572 of 2006 SMT. USHA BOSE ANR. VERSUS THE STATE OF WEST BENGAL For the Appellant No.1 :Mr. Sudipto Moitra,…

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