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 nor any fault can be attributed to the prosecution, it said. On 19.4.2004, when the deceased was going to the house of Advocate, Rajendra Pal Gupta in relation to some political activities, at about 8:15 am, present appellants and the deceased accused Chob Singh apprehended him and at that time accused Dharm Pal was having an iron rod with him, whereas the other three accused persons were carrying country made pistols. Court relied on many judgments of the Supreme Court to reach at a conclusion including recent one of State of Gujarat v. Jayrajbhai Punjabhai Varu 14 SCC, wherein apex court while considering the subject matter of dying declaration had observed: "The court has to weigh all the attendant circumstances and come to the independent finding whether the dying declaration was properly recorded and whether it was voluntary and truthful.

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History of this topic

The Law Of Dying Declarations In India: Bad In Law?
2 weeks, 5 days ago

The Law Of Dying Declarations In India: Bad In Law?

Live Law  

A dying declaration is an oral or written statement by a person on the point of death concerning the cause of his death according to the Oxford English dictionary. The law concerning dying declarations in India could earlier be found in Section 32 of the Indian Evidence Act which reads, “When it relates to cause of death. An excerpt from …

Eyewitness Evidence To Prevail Over Dying Declaration When Deceased Was Adversely Motivated: Bombay High Court
2 years, 1 month 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 …

Oral Dying Declaration Which Is Reliable & Not Controverted By Defence Is Admissible In Evidence: Gujarat High Court
2 years, 7 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, …

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. …

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 …

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 …

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