dying declaration

Anil Kumar kamboj Delhi M-9650 (Querist) 31 August 2009 This query is : Resolved
A person made a statement to his relatives,"Save me,Aperson has stabed me ." Do you think that it is a dying declaration ? explained with relevant cases in 50 words?

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R.R. KRISHNAA (Expert) 31 August 2009
I think it is not a dying declaration but has some evidentiary value.

I think statement made only to judicial authorities constitute dying declaration.

Kiran Kumar (Expert) 31 August 2009
Krishna Ji, Anil wants an academic reply to his query :-)

well its not necessary that the DD should be in front of judicial officer....it may be before a doctor or a police officer.

all depends upon the facts and circumstances of the case....the above statement does not seem to be DD but does hold relevancy in terms of evidence act.

lets c what other Ld. members opine.

charudureja (Expert) 31 August 2009
This is only a statement and not a dying declaration as dd can be made to a magistrate/ doctor n even made to police whn there is no time to call the magistrate is admissible as dd. dd is a statement when there is apprehension of death, it is nt necessary that the person should die after making it.
though in this statement there is apprehension of death bt it is nt made before an authority and and no mention as to who has stabbed him or how he was stabbed etc. though this statement is admissible in court bt bt nt as a dd

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A. A. JOSE (Expert) 31 August 2009
I do not think that such a bald statement can be termed as a dying declaration, but it can be one of the evidences.

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