Dying Declaration Cannot Be Discarded Merely Because Relatives Of Deceased Were Present In Hospital While Recording It: Supreme Court
4 years ago

Dying Declaration Cannot Be Discarded Merely Because Relatives Of Deceased Were Present In Hospital While Recording It: Supreme Court

Live Law  

The Supreme Court observed that a dying declaration cannot be disbelieved merely because parents and relatives of the deceased were present in the hospital while recording it. Merely because they were in the hospital, the same is no ground to disbelieve the dying declaration, recorded by the Magistrate", the bench said while dismissing the appeal filed by a murder accused. Challenging the concurrent conviction, the accused before the apex court contended that the dying declaration was tutored one and the same was made at the instance of family members of the deceased, who were there with the deceased in hospital at the relevant time. Examining the case records, the bench noted that the Magistrate, in her deposition, has clearly stated that the relatives of deceased, Pooja Rani, were not there at the time of recording dying declaration of the deceased.

Supreme Court Parents Hospital Declaration Dying Magistrate Deceased Dying Declaration No Ground Relatives Merely Such An Incident Other Relatives  declaration  discarded  parents  magistrate  relatives  recorded  present  hospital  deceased  dying  supreme  court  merely  recording

History of this topic

Can Rely Upon A Dying Declaration Recorded By Executive Magistrate After Doctor Finds Patient To Be Mentally Fit: Chhattisgarh HC
8 months ago

Can Rely Upon A Dying Declaration Recorded By Executive Magistrate After Doctor Finds Patient To Be Mentally Fit: Chhattisgarh HC

Live Law  

The Chhattisgarh High Court has observed that a dying declaration recorded by an Executive Magistrate, following a certification by a doctor that the patient is fit to give a statement, can be considered reliable. The conviction was based on the dying declaration made by the deceased, Geeta Yadav, before an Executive Magistrate after a doctor certified that she was capable …

Law believes a dying person’s last words to be honest, SC judgment on dying declarations as evidence
9 months, 3 weeks ago

Law believes a dying person’s last words to be honest, SC judgment on dying declarations as evidence

The Hindu  

Persons on the verge of death rarely utter a lie and their last words are believed to have “greater acceptability” in the eyes of law, the Supreme Court has said in a judgment. “There is no absolute rule of law that a dying declaration cannot form the sole basis of conviction unless it is corroborated,” Justice Bhuyan referred to precedents. …

S.302 IPC | Just Because Motive And Enmity Is Not Established, Doesn't Mean Accused Will Get Brownie Points: MP High Court
2 years, 2 months ago

S.302 IPC | Just Because Motive And Enmity Is Not Established, Doesn't Mean Accused Will Get Brownie Points: MP High Court

Live Law  

The Madhya Pradesh High Court recently held that a person can be convicted for murder based on an authentic dying declaration of the deceased, even if the prosecution is unable to establish any motive or prior enmity on the part of the accused. The Court also noted that if it is found that the dying declaration was true and voluntary, …

When There Are Contradictory Dying Declarations, Which One To Accept? Supreme Court Answers "Difficult Question"
2 years, 7 months ago

When There Are Contradictory Dying Declarations, Which One To Accept? Supreme Court Answers "Difficult Question"

Live Law  

In a case of conflicting dying declarations, the Supreme Court relied on the one recorded after a medical examination with regard to the fitness of the deceased.The Court explained the "difficult question" before it as follows :"In the present case, we are faced with two dying declarations, which are totally inconsistent and contradictory to each other. In a case of …

No Need To Corroborate Dying Declaration If Given In A Fit State Of Mind: Calcutta High Court
2 years, 7 months ago

No Need To Corroborate Dying Declaration If Given In A Fit State Of Mind: Calcutta High Court

Live Law  

A division bench of Calcutta High Court, consisting Justice Debangsu Basak and Justice Bibhas Ranjan De, reiterated that a dying declaration is a conclusive piece of evidence, admissible for the conviction of the accused, wherein corroboration is not mandatory when the deceased is in a 'fit state of mind' while giving the declaratory statement. The trial court found no fault …

Dying Declaration Can't Be Discarded Merely Because There Was No Extreme Emergency When It Was Recorded : Supreme Court
2 years, 11 months ago

Dying Declaration Can't Be Discarded Merely Because There Was No Extreme Emergency When It Was Recorded : Supreme Court

Live Law  

The Supreme Court has held that a dying declaration cannot be discarded merely because there was no extreme emergency or danger to the life of the victim at the time when it was recorded. Case details State of Uttar Pradesh vs Subhash @ Pappu | 2022 LiveLaw 336 | CrA 436 OF 2022 | 1 April 2022 Coram: Justices MR …

Dying Declaration Can Be Sole Basis For Conviction Only When Court Is Satisfied That It Is True And Voluntary, Reiterates Supreme Court
3 years, 10 months ago

Dying Declaration Can Be Sole Basis For Conviction Only When Court Is Satisfied That It Is True And Voluntary, Reiterates Supreme Court

Live Law  

The Supreme Court reiterated that a Court must be satisfied that the dying declaration is true and voluntary, and only then could it be the sole basis for conviction without corroboration.In this case, the Karnataka High Court reversed the acquittal recorded by the Trial Court and convicted the accused in a murder case. The Supreme Court reiterated that a Court …

Mere Absence Of Doctor's Certification Would Not Ipso Facto Render Dying Declaration Unacceptable: Supreme Court
4 years, 1 month ago

Mere Absence Of Doctor's Certification Would Not Ipso Facto Render Dying Declaration Unacceptable: Supreme Court

Live Law  

The Supreme Court reiterated that mere absence of doctor's certification as to the fitness of the declarant's state of mind would not ipso facto render the dying declaration unacceptable.The contention of the accused in this case was that the conviction is solely based on the dying declaration of the deceased which finds no corroboration. The Supreme Court reiterated that mere …

100% Burn Injuries By Itself Does Not Mean Victim Was Incapable Of Making Dying Declaration: SC [Read Judgment]
5 years, 2 months ago

100% Burn Injuries By Itself Does Not Mean Victim Was Incapable Of Making Dying Declaration: SC [Read Judgment]

Live Law  

The Supreme Court has observed that merely because the deceased had suffered 100% burn injuries, it cannot be said that he/she was incapable to make a statement which could be acted upon as dying declaration. Rejecting this contention, the bench of Justice AM Khanwilkar and Justice Dinesh Maheshwari observed thus: "Irrespective of the extent and gravity of burn injuries, when …

Dying Declaration Can't Be Ignored Just On The Ground That It was Recorded By An Executive Magistrate: Delhi HC [Read Judgment]
5 years, 3 months ago

Dying Declaration Can't Be Ignored Just On The Ground That It was Recorded By An Executive Magistrate: Delhi HC [Read Judgment]

Live Law  

Delhi High Court has held that a dying declaration would simply not become unreliable, just because it was recorded by an Executive Magistrate instead of a Judicial Magistrate. The Single Bench of Justice IS Mehta has noted that once it is ascertained that the dying declaration was made voluntarily and is truthful, the fact that it was reported by an …

Administering Of Oath To Deceased Before Recording Dying Declaration Doesn't Render It Invalid: Allahabad HC [Read Order]
5 years, 9 months ago

Administering Of Oath To Deceased Before Recording Dying Declaration Doesn't Render It Invalid: Allahabad HC [Read Order]

Live Law  

Allahabad High Court held that the mere fact that in the dying declaration, a sort of oath has been administered to the deceased before recording the same, would not make the credibility of the dying declaration doubtful and would not nullify the same. If Executive Magistrate chose the particular language for recording the dying declaration, the deceased cannot be blamed …

‘Dying words not clinching proof’
5 years, 9 months ago

‘Dying words not clinching proof’

The Hindu  

A dying declaration given by a victim in a possible unfit state of mind needs to be corroborated by other evidence to secure conviction, the Supreme Court has held. A Bench of Justices S.A. Bobde and Deepak Gupta has referred to past judgments of the apex court to observe that though a dying declaration is entitled to great weight, it …

Persons in death-bed may also lie : Madras HC acquits Husband from the charges of abetting his wife to commit Suicide [Read Judgment]
9 years, 3 months ago

Persons in death-bed may also lie : Madras HC acquits Husband from the charges of abetting his wife to commit Suicide [Read Judgment]

Live Law  

Though there is a presumption that the persons in dead-bed expecting death at any moment will not tell a lie, such a presumption shall not have universal application, the court said.While acquitting a ‘husband’ who was convicted by the Trial court for offences under Sections 498-A and 306 of the Indian Penal code, the Madras High Court has observed that …

‘Dying declaration cannot form basis of conviction if it is not trustworthy'
13 years, 4 months ago

‘Dying declaration cannot form basis of conviction if it is not trustworthy'

The Hindu  

A dying declaration made by a victim, accusing a person of having been responsible for his/her death, cannot form the basis of conviction if it suffers from infirmity, the Supreme Court has held. Likewise, where the deceased is unconscious and could never make any declaration, the evidence with regard to it is to be rejected.” Writing the judgment, Justice Sathasivam …

Discover Related