Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973: s.319 - Scope of - Held: s.319 confers power on the trial court |
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: s.319 - Scope of - Held: s.319 confers power on the trial court to find out whether a person who ought to have been added as an accused has erroneously been omitted or has deliberately been excluded by the investigating agency and that satisfaction has to be arrived at on the basis of the evidence so led during the trial - The degree of satisfaction for invoking power u/s.319 is much higher though the test of prima facie case being made out is same as that when the cognizance of the offence is taken and process issued - In the instant case, the trial court allowed the application filed u/s. 319 on the basis of letter written almost a year ago by the deceased in which it was stated that in the event of his death, the appellant shall be held responsible - Except the apprehension expressed by the deceased, the letter did not relate to the cause of his death or to any circumstance of the transaction which resulted in his death - The said letter did not satisfy the requirement of s. 32 of the Evidence Act and, therefore, cannot be considered as such to enable exercise of power u/s.319 of the Code - Evidence Act, 1872 - s.32.Evidence Act, 1872: s.32 - Dying declaration - Held: As per s.32(1), any statement made by a person as to the cause of his death or as to any of the circumstances of the transaction which resulted in his death is relevant in a case in which the cause of death of the person making the statement comes into question - It is an exception to the rule of hearsay - However, general expressions suspecting a particular individual not directly related to the occasion of death are not admissible when the cause of death of the deceased comes into question - In the instant case, a letter written almost a year ago by the deceased was recovered from his purse in which it was stated that in the event of his death, the appellant shall be held responsible as the appellant intended to kill him - Except the apprehension expressed by the deceased, the letter did not relate to the cause of his death or to any circumstance of the transaction which resulted in his death - Therefore, said letter did not satisfy the requirement of s.32 of the Act and was not admissible. |
Judge | Hon'ble Mr. Justice C.K. Prasad |
Neutral Citation | 2014 INSC 243 |
Petitioner | Babubhai Bhimabhai Bokhiria & Anr. |
Respondent | State Of Gujarat & Ors. |
SCR | [2014] 4 S.C.R. 652 |
Judgement Date | 2014-04-03 |
Case Number | 735 |
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