Excerpt: . Unless the dying declaration is wholly reliable, voluntarily free from all doubts and truthful and further the maker was in fit medical condition, it can not be the basis for conviction. In the present case even though the prosecution made an attempt to prove ill-treatment or cruelty against the deceased to prove commission … Continue reading Unless the dying declaration is wholly reliable, voluntarily free from all doubts and truthful and further the maker was in fit medical condition, it can not be the basis for conviction.
Excerpt:Law is well settled by a catena of decisions rendered by Hon'ble the Supreme Court that extra judicial confession is inherently a weak piece of evidence. prosecution theory that the accused poured kerosene on the person of the deceased and then set her ablaze, is totally (29 of 31) [CRLA-799/2014] unsubstantiated. If this allegation was true, … Continue reading 498a conviction based on extra judicial confession reversed.
Excerpt: Jharkhand High Court Neelam Devi vs The State Of Jharkhand on 10 May, 2019 Criminal Appeal (S.J.) No. 187 of 2006 ----------- [Against the judgment of conviction dated 02.02.2006 and order of sentence dated 04.02.2006, passed by the learned 1st Additional Sessions Judge, Jamshedpur in Sessions Trial No. 335 of 1999.] ----------- Neelam Devi … Continue reading Neelam Devi vs The State Of Jharkhand
Excerpt: Delhi High Court Phoolwati vs State on 11 February, 2014 Author: Indermeet Kaur * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 05.02.2014. Judgment delivered on:11.02.2014. + CRL.A. 81/2006 PHOOL WATI & ANR. (IN J.C.) ..... Appellant Through Mr. Satish Tamta, Advocate. versus STATE ..... Respondent Through Ms. Kusum … Continue reading Phoolwati vs State
Excerpt:In our view, both the Trial Court and the High Court failed to appreciate that the demand, if at all made by the appellant on the deceased for purchasing a computer to start a business six months after the marriage, was not in connection with the marriage and was not really a 'dowry demand' within … Continue reading money demanded for setting up business is not dowry