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Badri Rai v. State of Bihar, AIR 1958 SC: By: Dr. Anita
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Download now 1 of 5 Search document The Hon'ble Bombay High Court: Mirza Akbar
Rohit Vijaya Chandra
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Dying Declaration 1
Rudraksh Sharma
Facts: No ratings yet
The appellant, Mirza Akbar, was charged with conspiracy to murder, in consequence of which
conspiracy murder was committed. Under the joint effect of Section 302/120B of Indian Penal Document 22 pages
Code, he was convicted and sentenced to death by Additional Sessions Judge, Pehawar Division. 09 Evidence - Dying Declaration
Anushka Pratyush
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The appellant was tried along with the actual murderer Umar Sher, and with Mst. Mehr Taja who
had been the wife of the murdered man, Ali Askar. The murder was committed on August 23,
1938, in the village of Taus Banda. The guilt of Umar Sher was not really open to doubt. He was
Document 3 pages
practically caught red-handed. He was caught running away with a single barrel shot gun in his 306 2019 Judgment
hand, the barrel of which smelt as if freshly discharged. There was an empty cartridge jammed in Surya
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the barrel. When the appellant came up from the field in which he had been working about half a
mile away from the scene of the murder he asserted that Umar Sher was innocent and should be
released, but the other present refused to do so.
Document 15 pages
Evidence Assignment
Umar Sher’s main defence seems to have been absence of motive. This fact however was relied
Lov Ananad
upon by the prosecution as showing that he was a hired assassin, bribed to commit the murder by No ratings yet
the appellant and Mst. Mehr Taja who were co-conspirators in that regard. This was found by the
Court to have been the fact. The principal evidence of the conspiracy between these two
prisoners consisted of three letters, two from the female prisoner to the appellant, and one from Document 10 pages
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Document Mootttttt
Awser Rashid
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2 Document 7 pages
contract our Nikah and enjoy ourselves. However hard on thee I have been in the past, that is all
past. Henceforth I solemnly promise to desist. I do fervently cherish the hope that God will make Document 9 pages
thee mine. Try and send Mir Aftab often to me so that I may talk to him. I have found out money Case Laws For Section 8
harsh sahu
for thee but thou must unhesitatingly find out the man. My heart is bursting for thee and I long
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for thee immensely. Accept my greetings.
Dying Declaration
Letter to the sweet-heart. For God’s sake spare not a moment or thou wilt ever repent my loss.
ShashikantSauravBarnwal
They are all one against me. It would be better if aught thou couldst do. No ratings yet
Document 15 pages
My sweet-heart and the bearer of my burden. You must find out the money or I would die. Is it Dying Declaration-Section 32 (1) of Indian Evidence Act
of my choice to be roaming about and thou be enjoying with him, but what shall I do. If I had my harsh vardhan
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own way I would not have left you to remain with him. I am burning and have pity on me for
God’s sake. To me the passing of each day is like months and years. Once place thy self in my
charge and satiate me with the honey of thy red lips. Even if thou cuttest my head off my neck I
Document 7 pages
would still yearn for thy white breast…. The house of the torturer will be rendered desolate.
Case 1 - in Re - Palani Goundan Vs Unknown On 7 April,
Mirza Akbar’s limbs have grown sapless after thee. 1919
Aman Anand
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Issues:
Document 8 pages
1. Whether the love letter produced is relevant under section 10 of Indian Evidence Act,
1 MLJ 176, (1961) 1 MLJ 176
1872? lionheart8888
2. Whether the statement made by the wife before the Judicial Magistrate is relevant? No ratings yet
Rules:
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3
Case(s) Referred To:: S. 302 of The Penal Code
sierra
Things said or done by conspirator in reference to common design.—Where there is reasonable No ratings yet
ground to believe that two or more persons have conspired together to commit an offence or an
actionable wrong, anything said, done or written by any one of such persons in reference to their
common intention, after the time when such intention was first entertained by any one of them, is Document 10 pages
a relevant fact as against each of the persons believed to so conspiring, as well for the purpose of Moot Court - 1
smalhotra2414
proving the existence of the conspiracy as for the purpose of showing that any such person was a
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party to it.
302. Punishment for murder.—Whoever commits murder shall be punished with death, or Dying Declaration - Section-32 (1) of Indian Evidence
Act: Abstract
1[imprisonment for life], and shall also be liable to fine.
Rajdeep Prabhugaonker
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term not exceeding six months, or with fine or with both. No ratings yet
Judgement:
Document 6 pages
Pakala Narain-Dd
That statement which was made in the appellant’s absence was admitted in evidence both by the Riya Lal
trial judge and by the Judicial Commissioner on appeal as relevant against the appellant under No ratings yet
section 10 of the Evidence Act. The Judicial Commissioner said that it had been argued that
section 10 did not apply to any statement made by conspirators if the offence to commit which
they conspired, has actually been committed. He rejected that argument and refused to hold that Document 67 pages
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4
Palani V Empeor
mohit kumar
have great weight as against the appellant since he had not had an opportunity of cross- No ratings yet
The three documents taken as a whole show that the two writers of the documents desired to get
Document 237 pages
rid of Ali Askar so that they should marry each other and there was a question of finding money 1 Criminallaw PDF
vikas92
for a hired assassin to get rid of him. Subsequently, we find that Ali Askar was shot by a man
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who had no motive to shoot him. In addition to this, there was the strange conduct of Mirza
Akbar when Umar Sher was arrested. There is no reason for doubting the statement of the
witnesses that he did request that Umar Sher should be released. It is true that in the earlier
Document 14 pages
statements the witnesses did not mention this fact, but the obvious reason is that they did not Petitioner (K.M. NANAVATI Vs - State of Maharastra)
attach any importance to it at the time because they had no conception as to what was the motive Pulkit Channan
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for the commission of the offence. In my opinion, there is no doubt whatsoever that these two
Appellants Mirza Akbar and Mst. Mehr Taja did enter into a conspiracy to murder Ali Askar and
that they hired Umar Sher to commit the actual murder, which he did.
Document 7 pages
prisoners to procure the death of Ali Askar. The vague suggestion that they related merely to a No ratings yet
scheme to obtain a divorce and to raise money for that purpose is clearly untenable. The
handwriting of the letters is clearly established. Under those circumstances, their Lordships will Document 19 pages
follow the precedent established in Pakala Narayana Swami v King Emperor, and hold that in Amity Intra 2012 Petitioner
Simar Singh
this ease as in that it is impossible to say that the proceedings which ended with the conviction
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resulted in a failure of justice. It thus means that only Pre-murder deposition is relevant because
post-murder deposition by mehr laka was the statement after the conspiracy was over. So, it
means only those statements are relevant which are made during the conspiracy. Document 10 pages
The Privy Council has rightly adjudged that the statement made by the wife is not relevant as
“Common Intention” envisaged under section 10 of the Indian Evidence Act, as it refers to
Document 5 pages
anything said, done, or written by a conspirator during the pendency of conspiracy. The Dying Declaration: Arundhati25 - Views 20215
statement made by one conspirator against another is not relevant if made after termination of Bindu Malviya
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Re Palani Goundan Vs Unknown On 7 April, 1919' PDF
Shivanshu Porwal
conspiracy. The evidence of a conspiracy is admissible against his co-conspirator on the No ratings yet
principle that the thing is done, written or spoken was something done in carrying out the
conspiracy and was receivable as a step in the proof of the conspiracy.
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