Dying Declaration -- Absence of Toe Impression Attestation -- Not a fatal Defect if declaration was reliable
(i) Indian Penal Code, 1860, S.306, S.107 Explanation 2 -- Abetment of Suicide -- Pouring Kerosene and Suggesting Wife to Die -- Act of pouring kerosene on the wife and suggesting that she die constitutes active instigation and provocation -- Though the deceased herself ignites the fire in anger, responsibility can be fixed on the accused where he placed her in a situation leading her to take the extreme step -- Mens rea stands established where intention is explicit from the act itself. (ii) Indian Evidence Act, 1872, S.32 -- Dying Declaration -- Absence of Toe Impression Attestation -- Mere failure to take attestation over the toe impression does not render an otherwise convincing and voluntary dying declaration doubtful or unworthy of credence, particularly where it is recorded promptly on the same day and the medical officer certifies fitness before and after recording.
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