Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Dying declaration Recovery of weapon |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) Indian Evidence Act, 1872 (1 of 1872) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Evidence Act, 1872 : Section 32 - Dying declaration - Evidentiary value of - Medical evidence showing that brain functions of the injured impaired due to brain injury - Held, even if the injured were able to speak out something after sustaining injuries, such dying declarations cannot be relied upon. Sections 27 & 45 - Recovery of weapon - On basis of statement of accused - The recovered axes found stained with blood - Blood on one axe found to be of human origin - Blood on other axe could not be detected by serologist due to disintegration of serum - Does not mean that blood stuck on other axe would not have been human blood at all - Held, recovery of weapon would not stand relegated to dis-utility. Sections 155, 14 - Impeaching credit of witness - Mode of - Use of former statement for the purpose of contradicting the witness - Defence may request for recalling the witness for further cross-examination if the former statement comes on record subsequently. Section 3 - Testimony of probable witnesses - Rejection on the ground that they all are close relatives of deceased and no independent witnesses were examined - Held, not proper. Criminal trial - Discrepancies in evidence in two sets of witnesses - As regard the gate from which assailants went out after committing crime - One set of witnesses stating it was western gate and other set stating eastern gate, both gates being of the same house and situated close to each other - Occurrence took place at wee hours of night - Held, no adverse inference can be drawn against such witnesses. Code of Criminal Procedure, 1973 : Section 162 (1)&(2) - Seizure Memo - Prohibition of obtaining signature of person whose statement reduced in writing - On facts, Investigating officer prepared seizure memo and obtained signature of accused on seizure memo - Held, does not vitiate the seizure or testimony of such accused in Court - That apart, prohibition in Section 162 (1) is not applicable to any proceedings made under Section 27 of Evidence Act - Evidence Act, Section 27. |
Judge | Hon'ble Mr. Justice K.T. Thomas |
Neutral Citation | 1999 INSC 121 |
Petitioner | State Of Rajasthan |
Respondent | Teja Ram And Ors. |
SCR | [1999] 2 S.C.R. 29 |
Judgement Date | 1999-03-19 |
Case Number | 431 |
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