Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Evidence – Two dying declarations |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Evidence – Two dying declarations – In first dying declaration recorded by DW-1, deceased exonerated appellant and his family – However, in the second dying declaration recorded by PW-6, deceased implicated appellant and his parents – Trial Court convicted appellant u/s. 304-B of the IPC and sentenced him to 10 years rigorous imprisonment – High Court reduced the sentence from 10 years to 7 years – On appeal, held: In the first dying declaration, PW1-doctor had examined deceased whether she was in fit state of mind and conscious to make statement – After certification, DW-1 also satisfied herself as to whether deceased was voluntary making statement or not – However, the second dying declaration was recorded without there being examination by a doctor with regard to the fitness of the deceased – Further, PW6 herself admitted that PW13 (father of deceased) and PW11 (sister of deceased) were present in the hospital – The possibility of the second dying declaration being given after tutoring by her relatives cannot therefore be ruled out – DW-2 (DSP) had stated in his deposition that the statement was made by the deceased after being tutored by her relatives – Also, prosecution had not examined DW1 and DW2 – Therefore, in the facts and circumstances of the case, the first dying declaration considered more reliable and trustworthy than the second dying declaration – Accordingly, appellant acquitted of all the charges. |
Judge | Hon'ble Mr. Justice Bhushan Ramkrishna Gavai |
Neutral Citation | 2022 INSC 831 |
Petitioner | Makhan Singh |
Respondent | The State Of Haryana |
SCR | [2022] 13 S.C.R. 357 |
Judgement Date | 2022-08-16 |
Case Number | 1290 |
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