Evidence act

Pratik (Querist) 21 January 2012 This query is : Resolved
A person committed suicide and in his suicidal note he stated that the sole reason was defamation.
So can the accused be convicted on the basis of his dying declaration?

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V R SHROFF (Expert) 21 January 2012
Pratik,

Can Be Prosecuted U/S 306 IPC

CANNOT BE CONVICTED on the basis of his dying declaration ONLY. Other factors affecting his suicidal also considered.

in one of my case, a Post Graduate wife, after few months of marriage suicide, by hanging on fan, and her own handwriting , 9 point note, alleging her husband , a false adultery & doubting me, so will suicide, was found by Police in inquest panhnama.
Sent to Hand writing expert, for comparing her writing. [NOTE STILL LYING IN PUNE GOVT. REPORT NOT RECEIVED TILL SESSIONS COURT , THANE, ORDERED ACQUITTAL ]

Relatives claimed MURDER, as witnesses, who also supported that Husband was doubtful on Wife character, and both were alone in Flat.

I had taken the case , as recommended by VIP, saying the Boy is innocent,& & Pl help him. I repent myself. It was my mistake. I cannot say it was suicide or murder.

Despite all odd,
HE WAS ACQUITTED .

M/s. Y-not legal services (Expert) 21 January 2012
am totally agree with shroff sir.. the concern person can be prosecute under sec.306.

if any of the family members can initiate the defemation proceedings against the subject person. but am not sure about the result..

because what he lost.,
by which act by the accused?
we dont know..

-tom-

Devajyoti Barman (Expert) 21 January 2012
Yes dying declaration with corroboration is not sufficient to convict a person.

Raj Kumar Makkad (Expert) 21 January 2012
There is no reason to differ with the thoughtful advice.

Shailesh Kr. Shah (Expert) 21 January 2012
So can the accused be convicted on the basis of his dying declaration?
Answer:Depends on facts of the case.

Deepak Nair (Expert) 21 January 2012
Righlty advised above.
Accused can be prosecuted on the basis of dying declaration. But conviction depends on a lot of other aspects such as evidences. circumstancial evidences, witness statements etc.

prabhakar singh (Expert) 21 January 2012
Yes! prosecution is quite possible.

ajay sethi (Expert) 21 January 2012
agree with experts

Advocate. Arunagiri (Expert) 21 January 2012
Suicide note is having a evidence value, at the same time that can not be a conclusive proof for conviction.

Nadeem Qureshi (Expert) 21 January 2012
Mr. Shroff is rightly expalin

Prabodh Shukla (Expert) 23 January 2012
prosecution is possible but good case for AB and then discharge ..... defamation dosen't mean abetment ..... here you are not encouraging anything

aisa ho to public becaome liable for thr suicides of every love birds

Regards ADV Prabodh Shukla
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