Dharmendra Kumar @ Dhamma vs State of Madhya Pradesh 2024 INSC 480 – S 161 CrPC -S 32 Evidence Act – FIR

Code Of Criminal Procedure, 1973; Section 161- Indian Evidence Act,1872; Section 32- A statement made by a person who is dead, as to the cause of his death or to the circumstances of the transaction which resulted in his death, to a Police Officer and which has been recorded under Section 161 CrPC, shall be relevant and admissible, notwithstanding the express bar against use of such statement in evidence contained therein. In such eventuality, the statement recorded under Section 161 CrPC assumes the character of a dying declaration. Since extraordinary credence has been given to such dying declaration, the court ought to be extremely careful and cautious in placing reliance thereupon. (Para 65) -the mere nonobtainment of a medical fitness certificate will not deter this Court from considering a properly recorded statement under Section 161 CrPC to be a dying declaration. (Para 69)

Code Of Criminal Procedure,1973; Section 154-The object of the FIR is three-fold: firstly, to inform the jurisdictional Magistrate and the Police Administration of the offence that has been reported to the Police Station; secondly, to acquaint the Judicial Officer before whom the case is ultimately tried as to what are the actual facts stated immediately after the occurrence and on what materials the investigation commenced; thirdly and most importantly, to safeguard the accused against subsequent variations, exaggerations or additions. (Para 39) -e stipulations outlined in Section 154 CrPC concerning the reading over of the information after it is written down, the signing of the said information by the informant, and the entry of its substance in the prescribed manner are not obligatory. These requirements are procedural in nature, and the omission of any of them does not impact the legal consequences resulting from the information provided under the section. (Para 43)

Criminal Trial -It would be too unfair and unreasonable to expect a witness, unless parroted, to recall every minute detail of the occurrence and 31 present it with a totally accumulative narrative. (Para 58)

Criminal Trial – The non explanation of human blood on the weapon of crime constitutes a circumstance against the accused. It is incumbent upon the accused to provide an explanation regarding the presence of human blood on the weapon. (Para 61)

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