Judgments - Dying Declaration
NAEEM VERSUS STATE OF UTTAR PRADESH
GORABAI VERSUS STATE OF MADHYA PRADESH
MOHAN @SRINIVAS @ SEENA @TAILOR SEENA VERSUS THE STATE OF KARNATAKA
Bhagwan Singh S/o Bherusingh and others Versus State of Madhya Pradesh
Law laid down - Recording of Dying Declaration by Investigating Officers - Held - Regulation No.742 of M.P. Police Regulation stipulating assessment of condition of injured by Medical Officer before recording such dying declaration needs to be adhered to. Further, it should also be explained as to why the service of Magistrate could not be requisitioned for recording of dying declaration. Case involves allegations of committing triple murder - Role of Investigating Officer found to be extremely unprofessional, with not only major lapses Full Judgment
Durgesh Singh Bhadauria vs. State of MP
Raghuram @ Raghoram vs. State of Madhya Pradesh
Law laid down - (1) Dying Declaration recorded by Doctor – The wife of appellant was burnt 100% and she was conscious and oriented but her condition was grim. It was natural for Doctor to undertake the task of recording dying declaration himself in view of precarious condition..... Para 26 Citation relied upon – Abdul Majid Abdul Rehman, AIR 1976 SC 1782. (2) Appellant's subsequent conduct relevant under Section 8 of Indian Evidence Act, 1872, Para 30. Full Judgment
Pappu @ Dayaram Vs. State of M.P
Law laid down - Section 32 of Indian Evidence Act – Dying Declaration-The conviction can be based solely on the basis of an oral dying declaration provided such declaration is free from any doubt and its correctness and genuineness is out of question. Multiple Dying Declarations - If there are more than one dying declaration, Court needs to examine qualitative worth of each declaration and not number of declarations. The dying declaration must be examined with utmost care and caution because the maker Full Judgment
Kuldeep Choudhary @ Kuldeep Yadav & another Vs. State of Madhya Pradesh
Law laid down - Section 32(1) of Indian Evidence Act, 1872 - If nature of injuries found on the person of deceased were not grievous in nature and were not sufficient to cause death, oral dying declaration/statement given by him does not fall within the ambit and scope of “dying declaration” envisaged in Section 32(1) of the Act. The Court needs to examine carefully whether injuries on the person are sufficient to cause death and this depends on the factual matrix Full Judgment
POONAM BAI Versus THE STATE OF CHHATTISGARH
KALABAI VERSUS STATE OF MADHYA PRADESH
SAMPAT BABSO KALE & ANR. Versus THE STATE OF MAHARASHTRA
LALTU GHOSH VERSUS STATE OF WEST BENGAL
THE STATE OF MAHARASHTRA Vs. NISAR RAMZAN SAYYED
RAMESH AND ORS Vs. STATE OF HARYANA
STATE OF GUJARAT Vs. JAYRAJBHAI PUNJABHAI VARU - Murder
10) The courts below have to be extremely careful when they deal with a dying declaration as the maker thereof is not available for the cross- examination which poses a great difficulty to the accused person. A mechanical approach in relying upon a dying declaration just because it is there is extremely dangerous. The court has to examine a dying Full Judgment
MUMTAZ @ MUNTYAZ Vs. STATE OF U.P.(NOW UTTARKHAND) - Murder
RAJU DEVADE Vs. STATE OF MAHARASHTRA - Murder
STATE OF MAHARASHTRA Vs. HEMANT KAWADU CHAURIWAL ETC
It is a settled law that dying declaration can be the sole basis of conviction and it does not require any corroboration. But it is equally true that dying declaration goes against the cardinal principle of law that 'evidence must be direct'. Thus, dying declaration must be judged and appreciated in light of the surrounding circumstances Full Judgment
BHANUBEN AND ANR Vs. STATE OF GUJARAT
Merely because an accused has been held liable to be punished under Section 498A IPC, it does not follow that on the same evidence, he must also and necessarily be held guilty of having abetted the commission of suicide by the women concerned under 306 IPC. Therefore, the conviction and sentence for offence punishable under Section 306 read with Section 114 of the Full Judgment
Sandeep and Anr. Vs State of Haryana
The incompatibility or inconsistency can be said to arise if the assertions in one dying declaration are so diametrically opposed to the statements in the other that both cannot stand together. 21. In view of the above, the law on the issue of dying declaration can be summarised to the effect that in case the court comes to the conclusion that the dying declaration is true and reliable, has been recorded Full Judgment