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Rajan Salvi (Lawyer)     13 October 2008

Dying declaration

Three dying declarations :
1.   To doctor - suicide
2    To police  - husband burnt me.
3.   To Sp. Ex. Magistrate - Husband burnt and he estinguished.
Two bails, one before charge sheet and one after charge sheet rejected.
Bail pending in high court.
My argument is if 1 and 3 options are regarded to be true then it is a case for bail.
Any suggestions, citations to argue the bail?


Learning

 7 Replies

K.C.Suresh (Advocate)     13 October 2008

Factual issue . Pl give more details in a descriptive manner

SHEKHAR MISHRA (public servant)     13 October 2008

All   the   three   dying   declarations   are   contrdictory.It   is   unsafe  to   believe  a   prima  facie   case   against   the   husband.However,  other  facts  are   important.

shailendra 09709516844 (student)     13 October 2008

in the all 3 cases , the dying declaration will be contradictory and will depend upon the circumstances.


 

Kiran Kumar (Lawyer)     14 October 2008

interesting case.....certainly a fit case for bail.


facts would give an inference that she might have commited the act out of anger and her act can not be attributed to the husband....i dont know whether the husband has also recieved some burnt injuries or not.


i ll certianly find few judments for u in this regard.

Rajan Salvi (Lawyer)     14 October 2008

Marriage 15 years ago. Three children aged 10.8 and 5. Out of 15 years some time spend in matrimonil house, some in bombay and some at the last place of residence. Both working togehter to make ends meet. Father came home drunk had a fight with wife. When children were sleeping in other room they heard fight between thier parents and suddenly the women shouted ' Jalaya Bachao'. Neighbors gathering outside the door.  Husband opening door and going away. Wife taken to hospital by sister in law. As stated earlier the above three declarations were made within a span of 24 hours. Wife dying on ninth day. Husband arrested on next day of incident.

Rajan Salvi (Lawyer)     14 October 2008

 


 


Hon’ble Justice Arijit Parsayat’s Judgment of 2008 states that the dying declaration first in time shall prevail as it is without tutoring and untainted [ of course each case is different] Please  some one , if you lay your hands on it , provide it. If I find it I will post it here.

P.S. Husband sustained minor burn injuries on his knees.




 


 

Rajan Salvi (Lawyer)     16 October 2008

2008 SAR (Cr) 657 SC S. Pannerselvvan V/s State of Tamilnadu. First in time shall prevail.


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