‘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 is worthwhile to note that the accused has no power of cross-examination. “No doubt, a dying declaration is an extremely important piece of evidence and where the Court is satisfied that the dying declaration is truthful, voluntary and not a result of any extraneous influence, the court can convict the accused only on the basis of a dying declaration,” Justice Gupta observed in the recent verdict. The judgment was based on appeals filed by the accused, Sampat Babso Kale and his family members, against the judgment of the Bombay High Court in 2010 in a case of murder and dowry harassment.

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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, 1 week 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. …

Karnataka High Court Convicts Son For Assaulting 60 Yr-Old Mother Leading To Her Death, Says Deceased Had No Reason To Falsely Implicate Her Son
10 months ago

Karnataka High Court Convicts Son For Assaulting 60 Yr-Old Mother Leading To Her Death, Says Deceased Had No Reason To Falsely Implicate Her Son

Live Law  

The Karnataka High Court recently set aside an acquittal order passed by the trial court and convicted a son for offences under section 304 of the Indian Penal Code, for assaulting and causing the death of his 60-year-old mother. The bench said “The holistic appreciation of the evidence shows that the prosecution discharged its burden of proving that the victim …

Appellate Court Should Give Benefit Of Doubt To Accused If A View Different From Trial Court's View Is Possible : Supreme Court
1 year, 2 months ago

Appellate Court Should Give Benefit Of Doubt To Accused If A View Different From Trial Court's View Is Possible : Supreme Court

Live Law  

The Supreme Court has observed that an appellate court should give the benefit of doubt to the accused persons if the evidence on record indicates the prosecution has failed to prove the guilt of the accused beyond reasonable doubt and that a plausible view, different from the one expressed by the courts below can be taken. Reversing the concurrent findings …

Principles To Be Followed In Case Of Multiple Dying Declarations: Supreme Court Explains
1 year, 5 months ago

Principles To Be Followed In Case Of Multiple Dying Declarations: Supreme Court Explains

Live Law  

The Supreme Court recently laid down the principles to be followed in cases where there are multiple dying declarations. Since the prosecution's case relied heavily on the deceased's alleged dying declarations, the Court began by appreciating the various principles of law laid down by this court in respect of cases involving multiple dying declarations. In the case of Kamla v. …

'Great Caution Needed' : Supreme Court Lists Out Factors To Be Considered While Relying On Dying Declarations
1 year, 7 months ago

'Great Caution Needed' : Supreme Court Lists Out Factors To Be Considered While Relying On Dying Declarations

Live Law  

The Supreme Court on Wednesday, while acquitting a death row prisoner, reiterated that ‘great caution’ must be exercised while placing reliance on dying declarations even as the law attaches a presumption of truthfulness to such statements. The evidence and material available on record must be properly weighed in each case to arrive at an appropriate conclusion.” Noting the discrepancies between …

Eyewitness Evidence To Prevail Over Dying Declaration When Deceased Was Adversely Motivated: Bombay High Court
2 years, 2 months ago

Eyewitness Evidence To Prevail Over Dying Declaration When Deceased Was Adversely Motivated: Bombay High Court

Live Law  

The Bombay High Court recently held that if the deceased was adversely motivated, and the eyewitnesses inspire confidence, eyewitness evidence would prevail over dying declaration regarding the cause of the death. Justice SG Mehare of Aurangabad bench, while upholding the acquittal of a man and his family members accused of murdering his wife held – “where it is proved that …

S.302 IPC | Just Because Motive And Enmity Is Not Established, Doesn't Mean Accused Will Get Brownie Points: MP High Court
2 years, 3 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, …

Merely Failing To Certify Victim's State Of Mind Doesn't Make Dying Declaration Unreliable: Orissa High Court
2 years, 4 months ago

Merely Failing To Certify Victim's State Of Mind Doesn't Make Dying Declaration Unreliable: Orissa High Court

Live Law  

The Orissa High Court has held that failure on the part of the doctor to certify the 'state of mind' of deceased before recording her/his dying declaration will not make the same wholly unreliable, if the doctor is otherwise satisfied that the victim was in a fit state of mind to give the declaration. " Each case, therefore, turns on …

Effect Of Magistrate's Deposition In Favour Of Dying Declaration Can Be Eroded Only By An Efficacious Cross-Examination: Punjab & Haryana HC
2 years, 6 months ago

Effect Of Magistrate's Deposition In Favour Of Dying Declaration Can Be Eroded Only By An Efficacious Cross-Examination: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court recently held that the effect of a Magistrate's deposition in favour of a dying declaration can be eroded only when an efficacious cross-examination is conducted. The conviction was based on the victim's dying declaration. At the outset, the Court observed that the dying declaration was recorded by a Judicial Magistrate First Class, after the …

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 …

Oral Dying Declaration Which Is Reliable & Not Controverted By Defence Is Admissible In Evidence: Gujarat High Court
2 years, 8 months ago

Oral Dying Declaration Which Is Reliable & Not Controverted By Defence Is Admissible In Evidence: Gujarat High Court

Live Law  

In a significant decision, the Gujarat High Court has made it clear that a dying declaration cannot be said to be inadmissible merely because it was given orally. A single bench of Dr. Justice Ashokkumar Joshi observed that an "oral dying declaration" given by the deceased, which is not controverted by the defence in cross-examination, is admissible in evidence.Holding thus, …

Wife's Dying Declaration Can Be Used To Prove Cruelty Even If Husband Is Acquitted Of Charges Relating To Her Death: Supreme Court
2 years, 10 months ago

Wife's Dying Declaration Can Be Used To Prove Cruelty Even If Husband Is Acquitted Of Charges Relating To Her Death: Supreme Court

Live Law  

Overruling some of its earlier judgments, the Supreme Court observed that evidence of a deceased wife under Section 32 of Evidence Act with respect to cruelty could be admissible in a trial for a charge under Section 498A of the IPC.This is, however, subject to satisfaction of two pre­conditions Her cause of death must come into question in the matter …

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 The Sole Basis Of Conviction If It Is True & Voluntary: Telangana High Court Reiterates
3 years, 1 month ago

Dying Declaration Can Be The Sole Basis Of Conviction If It Is True & Voluntary: Telangana High Court Reiterates

Live Law  

The Telangana High Court recently reiterated that Dying Declaration can be the sole basis of conviction if the deceased makes the statement in a fit state of mind and voluntarily. of NCT Delhi, 2010 in which it was ruled that the Dying Declaration can be the sole basis of conviction if it inspires full confidence of the Court and the …

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 …

No rigid standard for acceptance or rejection of dying declaration, says Supreme Court
3 years, 11 months ago

No rigid standard for acceptance or rejection of dying declaration, says Supreme Court

The Hindu  

The Supreme Court has said that there can be “no rigid standard or yardstick” for acceptance or rejection of dying declaration, which alone can form the basis for conviction if it has been made voluntarily and inspires confidence. The apex court observed that if there are contradictions that create doubts about the truthfulness and credibility of the dying declaration then …

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. …

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 …

Entitled To Benefit of Doubt: Supreme Court Acquits Man In A Dowry Death Case
4 years, 3 months ago

Entitled To Benefit of Doubt: Supreme Court Acquits Man In A Dowry Death Case

Live Law  

The Supreme Court has acquitted a man who was convicted by the Trial Court and the High Court in a dowry death case.In this case, the accused's wife had died by setting herself afire by pouring kerosene oil upon herself. Both the trial court and the Chhattisgarh High Court took into account this dying declaration and depositions of some witnesses …

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 …

Patient With 92% Burn Injuries Can Be In A Fit State Of Mind To Give Dying Declaration : SC [Read Judgment]
5 years, 7 months ago

Patient With 92% Burn Injuries Can Be In A Fit State Of Mind To Give Dying Declaration : SC [Read Judgment]

Live Law  

The Supreme Court has dismissed an appeal by a murder convict by upholding the dying declaration given by his deceased wife. The Court held that the mere fact that the deceased had suffered 92% burn injuries per se would not mean that she was not fit to give the declaration. The bench referred to the Constitution Bench decision of the …

A Dying Declaration Is Not Invalid Merely Because It Was Not Certified By A Doctor: SC [Read Judgment]
5 years, 10 months ago

A Dying Declaration Is Not Invalid Merely Because It Was Not Certified By A Doctor: SC [Read Judgment]

Live Law  

The Supreme Court has acquitted a convict by setting aside the judgment of the High Court of Chattisgarh which had convicted her for murder, after finding lacunae in the dying declarations.In the case the Poonam Bai was found by the HC to have murdered her aunt by setting fire on her. The Supreme Court has acquitted a convict by setting …

Dying Declaration To Be Recorded In Declarant’s Own Language: Karnataka HC [Read Judgment]
7 years, 5 months ago

Dying Declaration To Be Recorded In Declarant’s Own Language: Karnataka HC [Read Judgment]

Live Law  

Sophisticated bookish language employed in the declaration raises reasonable doubt as to whether declarant’s mind was translated into writing in its true sense, the bench observed.The Karnataka High Court has observed that the dying declaration shall be recorded in the language expressed by the declarant.In the instant case, the deceased victim, according to the prosecution case, was. Sophisticated bookish language …

Dying Declaration To Be Recorded In Declarant’s Own Language: Karnataka HC [Read Judgment]
7 years, 5 months ago

Dying Declaration To Be Recorded In Declarant’s Own Language: Karnataka HC [Read Judgment]

Live Law  

Sophisticated bookish language employed in the declaration raises reasonable doubt as to whether declarant’s mind was translated into writing in its true sense, the bench observed.The Karnataka High Court has observed that the dying declaration shall be recorded in the language expressed by the declarant.In the instant case, the deceased victim, according to the prosecution case, was. Sophisticated bookish language …

Mechanical approach in relying upon a dying declaration is extremely dangerous: SC [Read Judgment]
8 years, 8 months ago

Mechanical approach in relying upon a dying declaration is extremely dangerous: SC [Read Judgment]

Live Law  

It cannot be that a dying declaration which supports the prosecution alone can be accepted while the other innocent dying declarations have to be rejected. Such a trend will be extremely dangerous, the Bench said.The Supreme Court in State of Gujarat vs. Jayrajbhai Punjabhai Varu has observed that the trend of accepting dying declaration which supports the prosecution alone and …

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 …

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 …

If An Innocent Person Is Sent To Jail AndUndergoes The Sentence,The Scars Left By The Miscarriage Of Justice Cannot Be Erased By Any Subsequent Act Of Expiation Says Supreme Court; Cautions Against...
10 years, 6 months ago

If An Innocent Person Is Sent To Jail AndUndergoes The Sentence,The Scars Left By The Miscarriage Of Justice Cannot Be Erased By Any Subsequent Act Of Expiation Says Supreme Court; Cautions Against...

Live Law  

Holding the conviction of a man convicted for setting his sister in law on fire, resulting in her death as invalid, the Supreme Court yesterday highlighted the plight of an innocent person.The case came up before the Supreme Court when a Trial Court in Haryana convicted the husband and brother in law for the murder of the wife. Holding the …

'Is Dying declaration not applicable to Hindus?', High Court of Kerala rejected the Contention legally and theologically [Read the Judgment]
10 years, 6 months ago

'Is Dying declaration not applicable to Hindus?', High Court of Kerala rejected the Contention legally and theologically [Read the Judgment]

Live Law  

The Kerala High Court refused to accept the contention that dying declaration in the eyes of law is not applicable to Hindus, as there exist no belief in Hindu religion that they will meet their Maker after death.Hearing a case where in the trial court had convicted the accused for pouring kerosene on his wife and setting her on fire, …

Can a Dying Declaration be split up to segregate the case of one accused from the case of other?
11 years ago

Can a Dying Declaration be split up to segregate the case of one accused from the case of other?

Live Law  

The Supreme Court on Friday said it was difficult to sever the dying declaration of deceased Asha Devi so as to uphold the conviction granted to the accused by the Courts below, and on this basis gave the benefit of doubt to all the accused who had been charged with killing their daughter-in-law, and thereby reversed the verdicts given by …

Overhaul system with deterrent punishment: SC
12 years, 2 months ago

Overhaul system with deterrent punishment: SC

The Hindu  

Expressing serious concern at the increasing incidents of crime against women, the Supreme Court has asked trial courts and High Courts to award deterrent punishment in such cases. A complete overhaul of the system is a must in the form of deterrent punishment to the offenders so that we can effectively deal with the problem,” a Bench of Justices P …

‘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 …

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