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Supreme Court of India (Division Bench (DB)- Two Judge)

STATE OF PUNJAB VERSUS RANDHIR SINGH

Appeal (Crl.), 660-661 of 2015, Judgment Date: Jul 09, 2024

Full Judgment

Supreme Court of India (Division Bench (DB)- Two Judge)

NAEEM VERSUS STATE OF UTTAR PRADESH

Appeal (Crl.), 1978 of 2022, Judgment Date: Mar 05, 2024

Full Judgment

Supreme Court of India (Division Bench (DB)- Two Judge)

GORABAI VERSUS STATE OF MADHYA PRADESH

Appeal (Crl.), 1293 of 2018, Judgment Date: Jul 20, 2022

Full Judgment

Supreme Court of India (Division Bench (DB)- Two Judge)

MOHAN @SRINIVAS @ SEENA @TAILOR SEENA VERSUS THE STATE OF KARNATAKA

Appeal (Crl.), 1420 of 2014, Judgment Date: Dec 13, 2021

Full Judgment

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

Bhagwan Singh S/o Bherusingh and others Versus State of Madhya Pradesh

Criminal Appeal, 849,962 of 2008, Judgment Date: Sep 24, 2021

Law laid down - Recording of Dying Declaration by Investigating Officers - Held - Regulation No.742 of M.P. Police Regulation stipulating assessment of condition of injured by Medical Officer before recording such dying declaration needs to be adhered to. Further, it should also be explained as to why the service of Magistrate could not be requisitioned for recording of dying declaration. Case involves allegations of committing triple murder - Role of Investigating Officer found to be extremely unprofessional, with not only major lapses Full Judgment

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

Durgesh Singh Bhadauria vs. State of MP

Criminal Appeal, 427 of 2007, Judgment Date: Aug 12, 2021

Full Judgment

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

Raghuram @ Raghoram vs. State of Madhya Pradesh

Criminal Appeal, 285 of 2009, Judgment Date: Jul 31, 2021

Law laid down - (1) Dying Declaration recorded by Doctor – The wife of appellant was burnt 100% and she was conscious and oriented but her condition was grim. It was natural for Doctor to undertake the task of recording dying declaration himself in view of precarious condition..... Para 26 Citation relied upon – Abdul Majid Abdul Rehman, AIR 1976 SC 1782. (2) Appellant's subsequent conduct relevant under Section 8 of Indian Evidence Act, 1872, Para 30. Full Judgment

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

Pappu @ Dayaram Vs. State of M.P

Criminal Appeal, 949 of 2012, Judgment Date: Jun 03, 2021

Law laid down -  Section 32 of Indian Evidence Act – Dying Declaration-The conviction can be based solely on the basis of an oral dying declaration provided such declaration is free from any doubt and its correctness and genuineness is out of question. Multiple Dying Declarations - If there are more than one dying declaration, Court needs to examine qualitative worth of each declaration and not number of declarations. The dying declaration must be examined with utmost care and caution because the maker Full Judgment

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

Kuldeep Choudhary @ Kuldeep Yadav & another Vs. State of Madhya Pradesh

Criminal Appeal, 585 of 2014, Judgment Date: Feb 26, 2021

Law laid down - Section 32(1) of Indian Evidence Act, 1872 - If nature of injuries found on the person of deceased were not grievous in nature and were not sufficient to cause death, oral dying declaration/statement given by him does not fall within the ambit and scope of “dying declaration” envisaged in Section 32(1) of the Act. The Court needs to examine carefully whether injuries on the person are sufficient to cause death and this depends on the factual matrix Full Judgment

Supreme Court of India (Full Bench (FB)- Three Judge)

POONAM BAI Versus THE STATE OF CHHATTISGARH

Appeal (Crl.), 903 of 2018, Judgment Date: Apr 30, 2019

Full Judgment

Supreme Court of India (Division Bench (DB)- Two Judge)

KALABAI VERSUS STATE OF MADHYA PRADESH

Appeal (Crl.), 763 of 2019, Judgment Date: Apr 30, 2019

Full Judgment

Supreme Court of India (Division Bench (DB)- Two Judge)

SAMPAT BABSO KALE & ANR. Versus THE STATE OF MAHARASHTRA

Appeal (Crl.), 694-­695 of 2011, Judgment Date: Apr 09, 2019

Full Judgment

Supreme Court of India (Division Bench (DB)- Two Judge)

LALTU GHOSH VERSUS STATE OF WEST BENGAL

Appeal (Crl.), 312 of 2010, Judgment Date: Feb 19, 2019

Full Judgment

Supreme Court of India (Division Bench (DB)- Two Judge)

THE STATE OF MAHARASHTRA Vs. NISAR RAMZAN SAYYED

Appeal (Crl.), 865-866 of 2013, Judgment Date: Apr 07, 2017

Full Judgment

Supreme Court of India (Division Bench (DB)- Two Judge)

RAMESH AND ORS Vs. STATE OF HARYANA

Appeal (Crl.), 2526 of 2014, Judgment Date: Nov 22, 2016

Full Judgment

Supreme Court of India (Division Bench (DB)- Two Judge)

STATE OF GUJARAT Vs. JAYRAJBHAI PUNJABHAI VARU - Murder

Appeal (Crl.), 1236 of 2010, Judgment Date: Jul 11, 2016

10) The courts below have to be extremely careful when they deal with a dying declaration as the maker thereof is not available for the cross- examination which poses a great difficulty to the accused person. A mechanical approach in relying upon a dying declaration just because it is there is extremely dangerous. The court has to examine a dying Full Judgment

Supreme Court of India (Division Bench (DB)- Two Judge)

MUMTAZ @ MUNTYAZ Vs. STATE OF U.P.(NOW UTTARKHAND) - Murder

Appeal (Crl.), 2084 of 2009, Judgment Date: Jul 01, 2016

Full Judgment

Supreme Court of India (Division Bench (DB)- Two Judge)

RAJU DEVADE Vs. STATE OF MAHARASHTRA - Murder

Appeal (Crl.), 1012 of 2008, Judgment Date: Jun 29, 2016

Full Judgment

Supreme Court of India (Division Bench (DB)- Two Judge)

STATE OF MAHARASHTRA Vs. HEMANT KAWADU CHAURIWAL ETC

Appeal (Crl.), 1828-1829 of 2013, Judgment Date: Dec 16, 2015

It is a settled law that dying declaration can be the sole basis of conviction and it does not require any corroboration. But it is equally true that dying declaration goes against the cardinal principle of law that 'evidence must be direct'. Thus, dying declaration must be judged and appreciated in light of the surrounding circumstances Full Judgment

Supreme Court of India (Division Bench (DB)- Two Judge)

BHANUBEN AND ANR Vs. STATE OF GUJARAT

Appeal (Crl.), 1209 of 2015, Judgment Date: Sep 14, 2015

Merely because an accused has been held liable to be punished under Section 498A IPC, it does not follow that on the same evidence, he must also and necessarily be held guilty of having abetted the commission of suicide by the women concerned under 306 IPC. Therefore, the conviction and sentence for offence punishable under Section 306 read with Section 114 of the Full Judgment