Bhajju @ Karan Singh Vs. State of M.P.
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Head Note
Indian Penal Code,1860 - Section 302 , The Indian Evidence Act, 1872 - Section 32
Murder Case - Conviction on basis of dying declaration - Prosecution of accused for burning his wife - The witnesses who reached the spot and took the deceased to hospital turned hostile - Deceased died 17 days thereafter - Three dying declarations of deceased (two before Police and Before Executive Magistrate) - None of the witnesses or the authorities involved in the recording of the dying declarations had turned hostile - On the contrary, they have fully supported the case of the prosecution beyond reasonable doubt - Accused rightly convicted on basis of dying declaration of deceased wherein she implicated her of pouring kerosene oil on her and putting her on fire.
Indian Penal Code,1860 - Section 302 , The Indian Evidence Act, 1872 - Section 154
Hostile witness - Murder case - Prosecution witness supported prosecution but turned hostile during cross - However, the Court placed reliance their statements in examination-in-chief to the extent it supported the case and convicted the accused.
The Indian Evidence Act, 1872 - Section 32
Dying declaration - Meaning of - That statement made by a person as to the cause of his death or as to the circumstances of the transaction resulting into his death - Once the Court is satisfied that declaration was true and voluntary, it undoubtedly can base its conviction on the dying declaration, without requiring any further corroboration - The dying declaration is admissible not only in the case of homicide but also in civil suits.
The Indian Evidence Act, 1872 - Section 154
A person calling a witness - He can put any question to his witness which might be put in cross-examination by the adverse party with permission of Court - Section 154 of Evidence Act enables the court, in its discretion to give the such permission - The Courts may rely upon so much of the testimony which supports the case of the prosecution and is corroborated by other evidence.
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