Interested in conviction of accused, has told the truth then his testimony shouldĥ. When the Court is satisfied that a witness, though related to deceased or Secondly, there must be aĬausal link between that new event and the injury.Ĥ. The principle of Novus Actus Interveniens firstly, the causal link between theįault and the injury must be completely broken. Two conditions must be fulfilled for applicability of Interveniens (new act intervening) he cannot be held criminally liable for theĬonsequences of a new act or event which intervened between the initial injuryĪnd death of the deceased. Held responsible for murder of the latter but under the doctrine of novus actus An accused who caused injury to a person resulting into his death would be Regarding which he had recorded dying declaration.ģ. It is not necessary that dying declaration should be made under the immediateĪpprehension of death rather it must be proved that death was directĬonsequence of the injuries sustained by deceased in the same occurrence Genuineness of dying declaration, same may be considered as substantive pieceĢ. The attending circumstances of each case. Dying declaration is required to be considered on case-to-case basis in view of 171-M of 2021 Muqadar Khan Vs The State and 01 otherġ.
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