Nemo moriturus praesumitur mentire; i.e. a man will not meet his Maker with a lie in his mouth. A dying man is face to face with his Maker without any motive for telling a lie. 23. Truth said Mathew Arnold, sits upon the lips of a dying man . 24...
To prove quilt of an accused person by circumstantial evidence. They are:- (1) The circumstance from which tile conclusion is drawn should be fully proved; (2) the circumstances should he conclusive in nature; (3)all the facts so established should..
Though dying declaration is indirect evidence being a specie of hearsay, yet it is an exception to the rule against admissibility of hearsay evidence. Indeed, it is substantive evidence and like any other substantive evidence requires no corroboratio..
“The opinion given by a medical witness need not be the last word on the subject. Such an opinion shall be tested by the court. If the opinion is bereft of logic or objectivity, the court is not obliged to go by that opinion. After all opinion is wha..
In our opinion, when a report is submitted to the Magistrate he is required to be prima facie satisfied that the facts disclosed therein constitute an offence. It is trite that the Magistrate is not bound by the conclusion of the investigating agency..
Crimes against women are not ordinary crimes committed in a fit of anger or for property. They are social crimes. They disrupt the entire social fabric. Hence, they call for harsh punishment. Unfortunately, what is happening in our society is that ou..
The Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954..
That there is a long mental distance between `may be true' and `must be true' and the same divides conjectures from sure conclusions; [see Tanviben Pankajkumar Divetia v. State of Gujarat1]. ..
In the deposition of witnesses, there are always normal discrepancies, howsoever, honest and truthful they may be. These discrepancies are due to normal errors of observation, normal errors of memory due to lapse of time, due to mental disposition, s..
`The proceedings under Section 174 have a very limited scope. The object of the proceedings is merely to ascertain whether a person has died under suspicious circumstances or an unnatural death and if so what is the apparent cause of the death. The q..
The essential ingredients to prove guilt of an accused person by circumstantial evidence are: (1) the circumstances from which the conclusion is drawn should be fully proved; (2) the circumstances should be conclusive in nature; (3) all the facts so..
. It is very surprising that a doctor who admittedly did not treat a patient during her life time would be called upon to certify the fitness of the patient to make a dying declaration when other doctors who treated the said patient were available fo..
. It is not outside the realm of probability that her statement may have been inspired by her uncle and, therefore, it will not be safe to base the conviction of respondent on such a dying declaration. The other direct evidence is the deposition of ..
It is, however, equally well-settled that an objection as to prejudice must be taken at the earliest [see Shobit Chamar & Anr. Versus State of Bihar (1998 (3) SCC 455) ] and prejudice must be shown before a trial could be said to be invalidated [..
"In England where provision has been made for the reception of unsworn evidence from a child it has always been provided that the evidence must be corroborated in some material particular implicating the accused. But in the Indian Act there is no suc..
As regards the affidavits, copies of such documents cannot be taken in evidence. What 'evidence' means and includes is defined in Section 3 of the Indian Evidence Act. Affidavits are not included in its definition. On the contrary, affidavits have be..
As regards the affidavits, copies of such documents cannot be taken in evidence. What 'evidence' means and includes is defined in Section 3 of the Indian Evidence Act. Affidavits are not included in its definition. On the contrary, affidavits have be..
What is essential is that the person recording the dying declaration must be satisfied that the deceased was in a fit state of mind. Where it is proved by the testimony of the Magistrate that the declarant was fit to make the statement without there ..
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