Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Dying declaration Criminal Trial |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 - ss. 498A and 302 - FIR lodged onthe basis of statement of deceased - Dying declaration - Conviction by trial court - Acquittal by High Court on theground that conviction was solely based on dying declarationand the same was not trustworthy - Held: In the facts of thecase, dying declaration was trustworthy- High Court acquittedthe accused on flimsy ground without appreciating material facts - Order of conviction upheld.Evidence Act, 1872:s. 32 - Dying declaration - Evidentiary value - Held:Evidence of dying declaration must be approached with caution - Court not to look for corroboration of dyingdeclaration, unless it suffers from any infirmity.s.32 - Dying declaration - Recording of- Procedure for- Held: Law does not provide form, format, or procedure for recording dying declaration - Requirement of certificate by adoctor in respect of state of the deceased is not essential inevery case - Person recording it, must be satisfied as tocapability and state of mind of the maker of the statement.Criminal Trial - Discrepancies, embellishments and, improvements - In the statements of witnesses - Held: Marginal variations not to be dubbed as improvements - Theomissions which materially affects core of the case alone areliable to be discredited. |
Judge | Hon'ble Dr. Justice B.S. Chauhan |
Neutral Citation | 2013 INSC 352 |
Petitioner | State Of Madhya Pradesh |
Respondent | Dal Singh & Ors. |
SCR | [2013] 8 S.C.R. 968 |
Judgement Date | 2013-05-21 |
Case Number | 2303 |
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