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State of Rajasthan vs. Shivji @ Shiv Ram


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Penal Code, 1860–Sec. 302–Evidence Act, 1872–Sec. 32–Acquittal–Justification–
Two dying declarations of deceased conveying the same story–Relevant
and important part in both dying declarations revealing that the respondent- accused poured the acid on her body and ran away–Both were recorded after certificate of fit mental state–Merely because the doctors were not produced in witness box, it would not render the dying declarations unreliable–Theory of tutoring is also not applicable as the respondent-accused was also present at the time of recording the dying declaration–Even the factum of marriage between the deceased and respondent was disbelieved by trial Court, it is not relevant as there are ample evidence to show that the deceased and accused were living together–If it was the case of suicide, the deceased would not have run towards her sister’s house to be saved–Intention of accused-respondent is also clear–Held, he is liable to be convicted u/s. 302.