Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 - ss.302134 - Murder - Dying declaration - Eye-witness |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 - ss.302134 - Murder - Dying declaration - Eye-witness - Victim was going 011 his bicycle to attend his duty - Three accused came 011 scooter - One accused fired a gun shot - Victim got hit in abdomen - Taken to hospital - Inspector (PW-11) recorded the statement of the victim at the hospital - Victim died after 10 days - Trial court convicted all three accused and sentenced them to life imprisonment - Conviction confirmed by High Court - Appellant-accused challenged .conviction pleading illegality in recording of dying declaration - Held: On facts, statement of victim-deceased was recorded only after doctor certified him to be in fit state of mind - Dying declaration of victim-deceased does not record any unnatural things or exaggerated version of incident - Dying declaration was properly recorded and rightly relied by the courts below for appellants conviction - It was also corroborated by testimony of PW-3 who proved the motive behind the incident and also proved the incident in question by identifying the accused - Conviction accordingly affirmed - Arms Act - s.25 - Evidence Act, 1872. Evidence Act, 1872 - s.32(1). - Dying declaration - Admissibili:y - Discussed - Held: Law does not prescribe any format for recording dying declaration - It does not prescribe any special authority to record it unless any special law or rule is enacted to that effect - All that the lm1 requires is that the declarant should be in a fit state of mind and able to recollect the situation resulting in the available state of affairs in relation to the incident and the Court- should be satisfied that reliance ought to be placed thereon - Dying declaration, once proved, can be relied upon, even in absence of corroborative evidence, but with extreme care and caution - Maxims - "Nemo moriturus praesumitur mentire ". |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2016 INSC 1211 |
Petitioner | Shama |
Respondent | State Of Haryana |
SCR | [2016] 11 S.C.R. 857 |
Judgement Date | 2016-12-14 |
Case Number | 2311 |
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