Dying declaration

Guest (Querist) 12 November 2012 This query is : Resolved
the deceased has given dying declaration to the police in the hospital after having 90% burned body against the accused.
Police has recorded the dying declaration in-front of the doctor but the doctor has not issued the medical certificate about the condition of the deceased..

Can any 1 provide me with some judgement of acquittal of the above facts..

Thank you..

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ajay sethi (Expert) 12 November 2012
dying declaration is sufficent to convict the accused . for judgements visit indian kanoon website

Devajyoti Barman (Expert) 12 November 2012
The reliance upon dying declaration differs from case to case.
In many cases the court did not rely upon dying declaration if his statement was not recorded properly or there was uncertainty on his condition at the time for dying declaration.
So state full facts.

Guest (Querist) 12 November 2012
thank u sir for ur reply...

in the present case the doctor was present at the time of recording of the dying declaration but he has not issued a certificate that the deceased was in a fit state of mind at the time of recording of the statement.

i m from the side of the accused and my point is that whether is there any judgement regarding the same...

Thank you
Paras Gupta

Guest (Querist) 12 November 2012
i just came through one judgement "Ramilaben Hasmukhbhai Khristi vs State Of Gujarat" AIR 2002 SC 2996

If there are any latest judgement on the same issue...plz provide here...

Thanks Again

Nitish Banka (Expert) 12 November 2012
dying declaration in front of doctor is a very strong evidence and is admissible,provided it is corraborated by the doctor.

Dr V. Nageswara Rao (Expert) 13 November 2012
1. Abscence of Med. Cert. is not per se a crucial factor though a MC adds to the credibility and reliability of dying declaration.
2. If the doctor is called as a witness and deposes that the deceased was in a fit condition to make a dying declaration, that would be sufficient.
3. Whether the Court will rely on D.D. depends on whether it is by itself clear and unprompted and whether there is corroboration.
4. If it is a dowry related homicide or suicide, the Courts generaly tend to rely on DD as the law leans in favour of the guilt of the accused under Evidence Act and IPC.

Raj Kumar Makkad (Expert) 14 November 2012
No latest law supports your case. The medial opinion regarding the fitness of the witness/complainant is relevant only in case he is unable to make such statement and police has to return empty hand without recording his statement but in the given case statement has been recorded which also means that the patient was fit to make his statement. You cannot get any benefit on this ground.

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