Apex Law Journal
Apex Law Journal
An online law journal reporting latest and important judgments of Hon'ble Supreme Court of India.                                                                                                                         Click here to get free legal updates via email                                                                                                                          Click here to download forms (Address Form, List Of Documents and Memorandum Of Appearance)
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Dying Declaration

Thursday, November 29, 2012
Dying Declaration

Dying Declaration — Absence of doctor’s certification — Whether fatal? — Held, absence of doctor’s certification is not fatal if the person recording the dying declaration is satisfied that the deceased was in a fit state of mind and the requirement of doctor’s certificate is essentially a rule of caution — Sher Singh & Anr. v. State of Punjab [(2008) 4 SCC 265] relied — Evidence Act, 1872, Section 32.

 
Dying Declaration

Dying Declaration — In cases involving multiple dying declarations made by the deceased, which of the various dying declarations should be believed by the Court and what are the principles governing such determination? — Held, the test of common prudence would be to first examine which of the dying declarations is corroborated by other prosecution evidence — Further, the attendant circumstances, the condition of the deceased at the relevant time, the medical evidence, the voluntariness and genuineness of the statement made by the deceased, physical and mental fitness of the deceased and possibility of the deceased being tutored are some of the factors which would guide the exercise of judicial discretion by the Court in such matters — Evidence Act, 1872, Section 32.

 
Tuesday, January 04, 2011
Dying Declaration

Dying declaration — A dying declaration has to be treated with caution, since the accused does not get a chance to cross-examine the victim — Evidence Act, 1872, Section 32.

 
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