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Head Note

Indian Penal Code,1860  - Section 304-B , Section 498-A , Section 34 , The Indian Evidence Act, 1872  - Section 32 (1)

Dying Declaration - Dowry Death - Appeal against Conviction - Appreciation of evidence - Dying declaration Ext. P-6 recorded by the Judicial Magistrate in the presence of a doctor who had certified about the fitness of 'S' before and after recording of such statement - There was not even a suggestion in the cross examination of the Judicial Magistrate that any of the relations of 'S' were present when such statement was recorded nor is there any circumstance which could cast a doubt about the genuineness of Ext. P-6 as recorded by the Judicial Magistrate - Further the certification by the doctor was also not put in challenge - No inconsistency between the statement Ext. P-13 recorded by PW10 Police official on one hand and the dying declaration Ext. P-6 recorded by the Judicial Magistrate on the other as regards the involvement of the appellant - Conviction of the appellants held to be absolutely correct and justified.

Topic(s)-Dowry Death - Dying Declaration - Conviction