Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860- s.302 - Murder- Dying declaration Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860- s.302 - Murder- Dying declaration by the victim in the hospital that appellant was guilty of assaulting him and the next day the victim expired - Acquittal by the trial court - However, conviction u/s. 302 by the High Court, on basis of the dying declaration of the deceased - On appeal, held: Factum of the dying declaration is suspicious- Dying declaration is oral - No evidence about the fitness of the victim to make the dying declaration - Exact words of the dying declaration not available - They differ from witness to witness - Though the witnesses claimed to have reported to the informant about such dying declaration and the name of the assailant, there is no reflection of the name in the FIR. Trial court took a perfectly probable view which could not have been set aside for the mere fact that some other view could be taken on the basis of the dying declaration - Thus, the High Court erred in holding that the dying declaration was creditworthy - Order of acquittal by the trial court is restored.Evidence Act, 1872 - s. 32 - Dying declaration - Evidentiary value - Held: Dying declaration can be the sole basis for conviction, however, it has to be proved to be wholly reliable, voluntary, and truthful - Maker of the dying declaration must be in a fit medical condition to make it - Oral dying declaration is a weak kind of evidence, where the exact words uttered by the deceased are not available, particularly because of the failure of memory of the witnesses who are said to have heard it. |
Judge | Hon'ble Mr. Justice V.S. Sirpurkar |
Neutral Citation | 2011 INSC 310 |
Petitioner | Waikhom Yaima Singh |
Respondent | State Of Manipur |
SCR | [2011] 5 S.C.R. 448 |
Judgement Date | 2011-04-18 |
Case Number | 802 |
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