Supreme Court of India
Rajaram v. State of Madhya Pradesh & Ors
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What the Court ordered
In view of the above, the law on the issue of dying declaration can be summarised to the effect that in case the court comes to the conclusion that the dying declaration is true and reliable, has been recorded by a person at a time when the deceased was fit physically and mentally to make the declaration and it has not been made under any tutoring/ duress/prompting; it can be the sole basis for recording conviction.
Judgment, page 10
From the headnote
Evidence Act, 1872 – s. 32 – Inconsistencies between Multiple dying declaration – Prosecution case that victim-deceased was brought to hospital by her husband (appellant) in burnt condition – Her first dying declaration (Ex. P-11) was recorded in which appellant was not named – Her second dying declaration (Ex. P-26) was recorded by the police before she succumbed to the injuries in which she named her husband – The trial Court convicted one accused u/s.302 IPC and the appellant & other accused for the offences u/s 498A of IPC – Appellant and other accused challenged their conviction and…
Authorities it was built on
- 2010 Lakhan v. State of M.P.
- 2019 Jagbir Singh v. State
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