Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 - ss. 302 rlw 34 - Conviction and sentence under on the basis of dying declaration |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 - ss. 302 rlw 34 - Conviction and sentence under, on the basis of dying declaration - Justification of - Victim-wife admitted in the hospital with burn C injuries, later succumbed to her injuries - Prosecution case that husband and his parents harassing the victim for dowry and subjected her to cruelty and torture - High Court relying solely on the dying declaration upheld conviction of the appellants-husband and his parents u/s. 302134, however, D acquitted them u/ss. 304-8 and 498-A and ss. 3 and 4 of the Dowry Prohibition Act - On appeal, held: Evidence available on record and the dying declaration does not inspire confidence to make it the basis for the conviction of the appellants - Dying declaration appears to be a product of E tutoring by family members - Further, the High Court basing on the same dying declaration, ought not to have convicted the appellants u/s. 302 when they were acquitted uls. 304-8 and 498A and ss. 3 and 4 of the Dowry Prohibition Act by the High Court - Thus, conviction and sentence imposed by the F High Court against the appellants for the offence uls. 302134 set aside.Evidence - Dying declaration - Credibility of - Held: Dying declaration is given lot of credence and importance, deviating from the rule of evidence since such declaration is made by the victim when he/she is on the verge of death - Though dying declaration is not recorded in the Court in the presence of accused nor it is put to strict proof of cross-examination by accused, still it is admitted in evidence against the general rule that hearsay evidence is not admissible in evidence - Dying declaration does not even require any corroboration as long as it inspires confidence in the mind of the Court that it is free from tutoring - At the same B time, dying declaration has to be judged and appreciated in the light of surrounding circumstances.Criminal law - Burden of proof - Held: Prosecution has to prove the guilt of the accused beyond all reasonable doubt - If two views are possible on the evidence adduced in the C case, one pointing to the guilt of the accused and the Qtber towards his innocence, the view which is favourable to the accused should be adopted |
Judge | Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2014 INSC 447 |
Petitioner | Umakant & Anr. |
Respondent | State Of Chhatisgarh |
SCR | [2014] 8 S.C.R. 69 |
Judgement Date | 2014-07-01 |
Case Number | 1424 |
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 |