Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure Section 32-Dying declaration-Deposition of witness that deceased informed him about danger to his life does not relate to cause of his death so as to fall under Section 32 1973-Sections 437 439 Evidence Act Section I 0 1872 30. Evidence Act hence not admissible in evidence. |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973-Sections 437, 439; Evidence Act, Section 10, 30-Bail-Grant of-Accused is entitled to bail only when there is no prima facie case against him-Conspiracy and murder-Allegation that deceased had made serious complaints against accused and told witnesses of danger to his life has little value in the absence of evidence to indicate that these complaints were made known to accused or he had shown any resentment against deceased for making such complaints-Confession of co-accused not admissible as there is no strong proof of conspiracy-Prima facie case made out for grant of bail. Bail in Non-bailable offences-Relevant factors while granting Discussed. Evidence Act, 1872, Section 32-Dying declaration-Deposition of witness that deceased informed him about danger to his life does not relate to cause of his death so as to fall under Section 32, hence not admissible in evidence. Prosecution case was that petitioner-appellant entered into a conspiracy to kill the deceased with the help of co-accused. The co-accused entered the office of the deceased in the evening and caused multiple injuries to him resulting in his death. It is alleged that motive for crime was various complaints alleged to have been made by the deceased levelling serious allegations, both against personal character of petitioner and also his style of functioning as Shankaracharya of the Mutt. A month before crime, deceased had sent letter as last warning levelling various allegations. Petitioner was arrested for the offence. He moved bail petition before High Court, which was rejected. His second bail petition was also rejected. Hence present appeal. Petitioner-appellant contended that the specific case of the prosecution at the time of the hearing of the two bail applications before the High Court was that a huge sum of money amounting to Rs.50 lakhs was withdrawn from an account of the Mutt maintained in ICICI Bank, for making payment to the hirelings. In this court, State was directed to give particulars of the bank account for such transactions and also to produce the copy of the account and the passbook. However State took a different stand that an agreement had been entered into for sale of 50 acres of land belonging to Kanchi Janakalyan Trust for Rs.5 crores, wherein an advance of Rs. 50 lakhs in cash was received. It was this money which was retained in cash by the petitioner all along from which payment was made to the hirelings after the conspiracy was hatched; that in view of Section 30 of the Evidence Act confession of a co-accused is a very weak type of evidence which can only be taken into consideration to lend assurance to the prosecution case; that confession of A-4 came to be retracted subsequently and also that of A-2 have very little evidentiary value in order to sustain the charge against him. Prosecution relied upon copies of 39 letters, which were allegedly recovered from the house of the deceased himself and confessional ). statement of A-2 and A-4 stating that petitioner offered Rs.50 lakhs for getting rid of the deceased. Prosecution contended that in view of Section 10 of the Evidence Act, anything said, done or written by any one of the accused is a relevant fact as against each of the persons conspiring to commit a crime; that there is also evidence of dying-declaration in order to fasten the liability upon the petitioner and for this reliance is placed upon the statement of SV, who stated that he knew deceased and used to talk to him and on the fateful day, he had contacted him over phone and told him that his petition presented to HR&CE Department was numbered and if any danger came to him, petitioner alone would be responsible for the same; that there are two other witnesses who have heard the petitioner telling some of the co-accused to eliminate the deceased; that the prohibition contained in Section 437(1)(i) Cr.P.C. would be applicable to the Courts entertaining a bail petition under Section 439 Cr.P.C. |
Judge | Hon'ble Mr. Justice G.P. Mathur |
Neutral Citation | 2005 INSC 17 |
Petitioner | Jayendra Saraswathi Swamigal |
Respondent | State Of Tamil Nadu |
SCR | [2005] 1 S.C.R. 160 |
Judgement Date | 2005-01-10 |
Case Number | 44 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |