Civil Procedure Code (CPC)

Dying declarations in dowry death cases

SANJAY DIXIT ,
  12 May 2008       Share Bookmark

Court :
In the Hon'ble Supreme Court of India
Brief :
The Supreme Court detailed the admissibility of dying declaration thus: “Normally, the court places reliance on the medical evidence for reaching the conclusion whether the person making a dying declaration was in a fit state of mind, but where the person recording the statement states that the deceased was in a fit and conscious state, the medical opinion will not prevail, nor can it be said that since there is no certification of the doctor as to the fitness of mind of the declarant, the dying declaration is not acceptable. What is essential is that the person recording the dying declaration must be satisfied that the deceased was in a fit state of mind. Where it is proved by the testimony of the Magistrate that the declarant was fit to make the statement without there being the doctor’s opinion to that effect, it can be acted upon provided the court ultimately holds the same to be voluntary and truthful. A certificate by the doctor is essentially a rule of caution and, therefore, the voluntary and truthful nature of a statement can be established otherwise.”
Citation :
Sher Singh & Anr. v. State of Punjab, Criminal Appeal No. 646 of 2006
 
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