dying declaration

kumar sachin (Querist) 25 May 2010 This query is : Resolved
1. informant/father of the deceased claims that when heard about the occurence, rushed to the spot, found his son greviously injured, who before dying, disclosed the name of the accuseds as the offender.
2. mother also supports the version.
3. medical report/ doctor states that the nature of injury can cause immediate death.
--- can the statement of the deceased b treated as dying declaration.????

please also suggest any supporting ruling in defence.

its urgent

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Raj Kumar Makkad (Expert) 25 May 2010
The statement may be treated as dying declaration but the benefit may go to the accused on the basis of non-supportive evidence of doctors.

Uma parameswaran (Expert) 26 May 2010
At the time of making such declaration it is a legal mandate that such person must entertain expectation of death.It has to be proved that the statement sought to be admitted was made by a person who is dead or who cannot be found of whose attendance cannot be procured with out an amount of delay and expense or is incapable of giving evidence.

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