Dying declaration
saurabh dihingia
(Querist) 29 December 2009
This query is : Resolved
I would like to ask that when and how can a dying declaration not be relevant as a basis for conviction. With relevant citation please.
Adv Archana Deshmukh
(Expert) 29 December 2009
It depends upon the facts and circumstances of the case. Generally speaking if there are more than one dying declarations and they are inconsistent or if the deceased was not in a fit state of mind at the time of recording of the dd or if the dd is not found to be truthful and genuine, then in such cases the dd cannot form a basis for conviction.
kanhaiyalal ojha
(Expert) 29 December 2009
The person who given the dying declaration if not died.Then the dying declaration not be relevant as a basis for conviction.If dying declartion proved to be false by cogent evidence then also the dying declaration not be relevant as a basis for conviction..
K L Ojha, Advocate, JHC, Ch: Opposite Reliance Mart, Hans Marg, Kanke Road, Ranchi-8-Jharkhand.
Raj Kumar Makkad
(Expert) 29 December 2009
If the person making such declaration made the statement which are in doubtful circumstances or made after meeting some forceful/benefitted person then such declaration cannot be relied upon.
N.K.Assumi
(Expert) 30 December 2009
Evrything depends on the circumstances under which the dying declarations was given and the manner recorded, depending on your State Rules of recording the dying declarations. "If the court after examining the dying declaration in all its aspects, and testing its veracity, gas come to the conclusion that it is not reliable by itself, and that it suffers from an infirmity, without corrobortion it cannot form the basis of conviction". See the classic cases of Khushal Rao vs The State of Bombay: 1958-CRLJ-0106-SC: Bakshish Singh Vs State of Punjab:1957-CRLJ-1459-SC.
Ajay Bansal
(Expert) 30 December 2009
Dying declaration is an very strong evidence.It can be defeated only on the basis of strong defence evidence like very strong plea of alibai etc.
Guest
(Expert) 31 December 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE DYING DECLARATION KINDLY NOTE THAT.
1.DYING DECLARATION IS A STATEMENT RECORDED BY POLICE IN CRIMINAL CASES WHEN THE PERSON WHO WAS VICTIM OF ANY CRIME IS SERIOUSLY INJURED AND IS ON DEATH BED.GENERALY THIS IS A STATEMENT OF THE SERIOUSLY INJURED PERSON IN CASE OF CRIMINAL CASES AND THE PERSON WHO IS ON DEATH BED IS TELING THE NAMES OF PERSON WHO INJURED HIM AND DETAILS OF CRIME. THIS IS A VERY STRONG PIECE OF EVIDENCE FOR CONVICTION OF ACCUSED PERSONS IN CRIMINAL CASES.IN HOSPITAL MEDICAL OFFICER CERTIFIES THE STATE OF THE PERSON AND CERTIFIES THAT HE IS IN A GOOD STATE OF HEALTH TO GIVE STATEMENT WHICH IS RECORDED BY POLICE AND IN CASE IT IS RECORDED BEFORE THE MAGISTRATE THEN IT IS DEFINETELY PROVED AND ACCUSED CAN BE CONVICTED ON THE BASIS OF THAT.THIS IS A STATEMENT OF INJURED PERSON RECORDED BEFORE HIS DEATH. GENERALY A PERSON WHO IS ON DEATH BED WILL NOT TELL LIE AND HENCE IT IS VERY IMPORTANT IN CASE OF MURDER AND SUCIDE DUE TO SERIOUS INJURIES DUE TO GREVIOUS HURT OR BURNING BY ACCUSED IN EVEN MATRIMONIAL DISPUTES.PLEASE NOTE.
2 BUT KINDLY NOTE THAT JUST LIKE OTHER EVIDENCE THIS DYING DECLARATION ALSO SHOULD BE PROVED IN COURT.SOME TIMES POLICE COMIT SERIOUS MISTAKES IN RECORDING DYING DECLARATION AND DUE TO THAT ACCUSED GETS CHANCE FOR ACQUITAL.PLEASE NOTE.IN CASE OF THUMB IMPRESSIONS OF PERSON RECORDING DYING DECLARATION IS DOUBTFUL AND ACCUSED GETS ADVANTAGE FOR ACQUITAL.
IT DIFFERS FROM CASE TO CASE AND FACTS OF EACH CASE PLEASE NOTE.
IN CASE ANY URGENT HELP IS REQUIRED KINDLY SEND DETAILS
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI)ADVOCATE
