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 doctor certified that the victim was in a fit mental state to do so. "The effect of the making of the above deposition by the judicial officer, who recorded the dying declaration of Lakhwinder Kaur, is that, not only proof has emanated in respect of the fit mental condition, at the relevant time, of the declarant concerned, but also proof has emanated, with respect to the authenticity of the contents carried thereins, conspicuously when the same has been provenly signatured by the Judicial Magistrate concerned," the Court held.

Court Magistrate court magistrates recorded judicial punjab proof magistrate eroded declaration haryana dying victim favour hc effect efficacious mental respect deposition

History of this topic

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 …

9 months, 4 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. …

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 …

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 …

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 …

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, …

2 years, 10 months ago

Dying Declaration Made To Doctor Can't Be Discarded Only Because Certificate Of Fit Mental State Not Appended: Orissa High Court

Live Law

The Orissa High Court has held that 'dying declaration' made to a doctor can neither be called to question nor should be doubted only because a certificate with regard to mental state of the deceased at the time of recording the declaration was not appended to it. While holding doctor to be 'the best person' to assess mental state of …

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 …

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 …

4 years 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 …

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 …

5 years, 10 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 …

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 …

6 years, 5 months ago

Statement Of Injured Recorded Under Section 161 CrPC Can Be Treated As Dying Declaration After His Death: SC Reiterates [Read Judgment]

Live Law

A two Judge Bench of the Supreme Court on Wednesday re-iterated that the statement of an injured recorded under Section 161 of Code of Criminal Procedure can be treated as dying declaration admissible under Section 32 of the Indian Evidence Act.Bench of Justices AK Sikri and Ashok Bhushan was hearing an appeal against judgment of Orissa High Court dated 25.01.2017. …

8 years, 8 months ago

Supreme Court Weekly Round-Up

Live Law

Farmer in possession of leased premises cannot be evicted even after expiry of Lease periodThree Judge Bench of the Apex Court in SHYAM LAL VS. DEEPA DASS CHELA RAM CHELA GARIB DASS held that a self-cultivating tenant in Punjab who is in possession of the leased premises beyond lease period cannot be evicted by the Landlord without establishing proof of …

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 …

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

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 …

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, …

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 …

13 years, 5 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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