LAWS(BOM)-2022-11-77

BHARAT Vs. STATE OF MAHARASHTRA

Decided On November 29, 2022
BHARAT Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) "Nemo moriturus praesumitur mentire" means a man will not meet his maker with a lie in his mouth, is a legal principle, based upon theory that a sense of impending death produces in a man's mind the same feeling as that of a conscientious and virtuous man under oath. Such statements are admitted, upon consideration that their declaration made in extremity, when the maker is at the point of death and when every hope of this world is gone, when every motive to falsehood is silenced and the mind is induced by the most powerful consideration to speak truth.

(2.) The above legal principle has perfect application to the present case as it can be seen from the material evidence on record the case of the prosecution unfolds which is narrated in short as under:

(3.) Appellants/accused took exception to the judgment dtd. 22/7/2016 passed by the Additional Sessions Judge, Ambajogai, Dist. Beed in Sessions Case No. 58 of 2015 by filing these appeals under Sec. 374 of the Code of Criminal Procedure (Appellants are referred to as accused hereinafter).