dying declaration

Ladhu Ram Chowdhary (Querist) 09 July 2008 This query is : Resolved
criminal trial -dying declaration-fit mental state -Certificate of doctor that the patient was concious-whether it should be hold as fit mental state ?

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deepak kumar (Expert) 09 July 2008
if the doctor did not certify about the mental state of the person making the declaration then it has to be proved by the defence during the trial that he was not in a fit mental state.
otherwise it can be presumed that he was in fit mental state.

arunprakaash.m. (Expert) 09 July 2008
Dying declaration recorded by the magistrate is a key evidence and stamentmet recorded by him also hold good evidence. Doctors certificate can corroborate the dying declaration.

Guest (Expert) 09 July 2008
Yes it is fit mental state, subject to other circumstances.

KamalNayanSaxena (Expert) 10 July 2008
Like the sternal controversy over whether the egg or the chicken came first, the burden of establishing that the patient was in a fit condition to make a statement rests on the prosecution. It is not for the defence to establish that the condition was unsatisfactory. If the prosecution, through facts and circumstances, has done its job, it is therefore for the defence to have successfully assail the position.

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