Shutting down the test system and imaging it a final time I had a good idea what I would find. The Apex Court further observed: The statement of doctor was that deceased became semi-conscious when the last question was put to him. State of Bombay, the deceased made four separate and identical declarations before the doctor, police inspector, Magistrate, and to other person, stating that he has been assaulted by Kaushal and one other person. His police statement which has been subsequently treated as a dying declaration was recorded on the 16th i. After completion of investigation of this case, report under Section 173, Code of Criminal Procedure was submitted before the learned trial court. What evidentiary value or weight has to be attached to such statement must necessarily depend on the facts and circumstances of each particular case. A statement made before a police officer during the course of investigation cannot be used for any purpose whatsoever, except when it attracts the provisions of Section 27 or Section 32 1 of the Evidence Act.
The evidence shows that he was in fit condition to make a statement and his statement was truly and faithfully recorded. However both the section implies that a criminal court may presume that an accomplice is a competent witness and the court may tender a pardon to such person on condition of his making full and true disclosure of the circumstances of the case. However, the mere fact that first information has been lodged early does not rule out embellishment or falsehood in every case. The High Court convicted both the appellant and his mother. The gist of section 60 of the Act is that statements made out of Court cannot be used to prove the truth of the matter contained in such statements.
There is always a possibility that Judges, prosecutors and lawyers who will be bought to say whatever they want in order to put someone in jail, but in the eyes of law and ethics Emails cannot be taken as evidence. The seventeen persons who lost their lives and the three who sustained injuries included men, women and children related to one Amar Singh and his sister PiaroBai. But, the condition is that it must in some way relate to the death of informant or somehow related to some form of evidence having a link to the death of the informant. It is enough if the words spoken by the deceased have reference to any circumstances, which has connection with any of the transaction which ended up in the death of the deceased. Inside Evidentiary Value of Fingerprint Analysis.
The primary effort of the Court has to be to find out whether the dying declaration is true. There are many people posting that have offered suggestions and ideas that have directly influenced the direction of an investigation I was doing. They started search in sugarcane and maize crops and found the dead body lying on the middle line of said crops. The matter has to be determined on the basis of the result of the investigation in the light of the provisions of the Code. Can a accomplice be a competent witness? Prosecution could not prove that it was my client who sent those emails.
It is true that the dying declaration has not been recorded by a magistrate. The court also found glaring inconsistencies as far as naming the culprit was concerned. This is a well settled rule now, by this Constitution Bench judgment of the Supreme Court. Omission of important facts affecting the probabilities of the case, are relevant in judging the veracity of the prosecution case. The complainant informed her family and her father Faiz Ahmad arrived from Sahiwal. Hence, they must be considered in collaboration with other evidence on the record. As the possibility of getting the maker of the statements in flesh and blood has been closed once and for all the endeavour should be how to include the statement of a dead person within the sweep of the sub-section and not how to exclude it therefrom.
The main target of section 306 criminal procedure code was to ensure that criminals who were charged with heinous and grave crimes, do not evade or escape punishment and thus in this way the prosecution uses the instrument of tending pardon to accomplice on a condition that he will give evidence against the former partners in the crime. The proper way is to record the F. I cannot state that my opinion will hold true on every system because I only tested on one system using only one type of file. Where the bride recorded two declarations, one to a police officer and other to a Magistrate, they being similar in material factors, evidence accepted though minor discrepancies were there. The incident came to light due to loose talk by the accused in the village. Those who indulge in it and those who instigate it must all be held clearly accountable and made to pay for what they have done most shamefully.
Machhi Singh was the common accused at each trial. Thus, no fault can be legitimately found on this score. This prompted the forensic examination of a server the suspect could access. Authentication of such evidence is perhaps the most difficult challenge as courts seek to determine its admissibility. It does not include a statement made to a third person even in the presence of a police officer. He was removed to hospital on that very day. See also, United States v.
Because of the difficulty and inconvenience that would result if formal authentication was required and the slight risk of fraud or forgery, extrinsic evidence of authentication is not required. Late last summer our office was contacted by a law firm that had a client that suspected one of its employees had stolen company data prior to his resignation. The accused was tried and convicted for murder and sentenced to death. She stood these and then she was forcibly raped by the accused persons one after another. If the offer has any tendency even a slight tendency to make the existence of a fact more probable than it would be without the evidence, it is relevant. Thus, the Supreme Court allowed the appeal and set aside the impugned judgment of the High Court and restored that of the Session Court. Independent witnesses may not be available but there should be proper care and caution in the matter of acceptance of the dying declaration as a trustworthy piece of evidence.