Professional Documents
Culture Documents
1. Introduction
3. Analysis
6. CASE LAWS
7. Conclusion
8. Bibliography
Introduction
"Nemo moriturus praesumitur mentire. No one at the point of death is
presumed to lie." "A man will not meet his Maker with a lie in his mouth"
-- is the philosophy in law underlying admittance in evidence of dying
declaration. "A dying declaration made by person on the verge of his
death has a special sanctity as at that solemn moment, a person is most
unlikely to make any untrue statement.
The shadow of impending death is by itself the guarantee of the truth
of the statement made by the deceased regarding the causes or
circumstances leading to his death. A dying declaration, therefore,
enjoys almost sucrose not status, as a piece of evidence, coming as it
does from the mouth of the deceased victim. Once the statement of
the dying person and the evidence of the witnesses testifying to the
same passes the test of careful scrutiny of the Courts, it becomes a
very important and a reliable piece of evidence and if the Court is
satisfied that the dying declaration is true and free from any
embellishment such a dying declaration, by itself, can be sufficient for
recording conviction even without looking for any corroboration"--is
the statement of law summed up by the Supreme Court in Kundula
Bala Subrahmanyam v. State of A.P. , (1993) 2 SCC 684) and
reiterated in Laxmi v. Omprakash (AIR 2001 SC 2383. ) The Supreme
Court further added such a statement, called the dying declaration,
is relevant and admissible in evidence 'provided it has been made by
the deceased while in a fit mental condition'.The above statement of
law, by way of introduction to this chapter is the crux of the whole law
of evidence regarding dying declaration. The law has become now
well settled. Dying declaration is admissible in evidence. A dying
declaration, if found reliable, can form the basis of conviction. A court
of facts is not excluded from acting upon an uncorroborated dying
declaration for finding conviction. A dying declaration, as a piece of
evidence, stands on the same footing as any other piece of evidence.
It has to be judged and appreciated in the light of the surrounding
circumstances and its weight determined by reference to the
principles governing the weighing of evidence.
Analysis
Ulka Ram v. State of Rajasthan Apex Court held that, when a
statement is made by a person as to cause of his death or as to any
circumstances of transaction which resulted into his death, in case in
which cause of his death comes in question is admissible in evidence,
such statement in law are compendiously called dying declaration.
In order to test the reliability of the dying declaration the court has to
keep in view like the circumstances which the person on the point of
death had for observation, whether his capacity to remember the
facts stated by him, had not been impaired by him at the time he was
making the statement, that the statement was made at the earliest
opportunity and is in no way a result of tutoring by any interested
parties. The dying declaration stands on the dame footing as any
other piece of eveidence and has to be judged in the light of the
surrounding circumstances with reference
to the principles governing the weight to be attached.
Where there was no inconsistency in the evidence, regarding the oral
dying declaration, conviction based on the dying declaration is
unassailable and the same will be the consequence of voluntary and
consistent statements reduced in writing, corroborated by
independent witnesses and the presence of motive as a crime.
CASE LAWS
P.V. Radhakrishna V. State of Karnataka
MANU/SC/0496/2003
This is a very important case where the Supreme Court illustrated
and enumerated the principle governing dying declaration laying more
emhasis on corroboration and dying declaration.
On 7.2.1993 Smt. Dharni was in the house with the accused-
appellant when they quarrelled over certain, domestic differences,
and the accused poured kerosene and set her on fire. On hearing her
screams and seeing smoke coming out of the room, their landlord
V.N. Guptha (PW1) rushed to the spot. He did not find the accused
there: but was told by the deceased that the accused had poured
Kerosene and set her on fire and run away. On receiving of
information about the incident Srinivasa Murthy, ASI, (PW6) arrived at
the spot along with Sivanna (PW4) Police constable. The deceased
was taken to the Victoria Hospital for treatment. At the hospital PW6
recorded statement of the deceased in the presence of Dr. M.
Narayana Reddy (PW7). This was treated as FIR. After registering
the case, investigation was started. In the hospital the deceased
breathed her last while undergoing treatment on 8.2.1993 at about
10.25 p.m.
This is a case where the basis the basis of conviction of the accused
is the dying declaration. The situation in which a person is a on
deathbed is so solemn and serene when he is dying that the grave
position in which he is placed, is the reason in law to accept veracity
of his statement. It is for this reason the requirements of oath and
cross-examination are dispensed with. Besides, should the dying
declaration be excluded it will result in miscarriage of justice because
the victim being generally the only eye-witness in a serious crime, the
exclusion of the statement would leave the Court without a scrap of
evidence.
In a leading case, wife of the accused had borrowed money from the
deceased in the sum of Rs. 3000 at the interest of 18 percent.
Related to his debt a number of letters had signed by the wife of
accused which was discovered from the house of deceased after his
death. One letter which was not signed by someone had been
received by the deceased K.N. on 20th March,1937, it was
reasonably clear that it would had come from the wife of accused,
who invited him to come Berhampur on that day or next day.
Widow of K.N. had told to the court that his husband had told him that
Swamis wife had invited him to come to Berhampur to receive his
payment. Next day K.N. left his house to go to Berhampur & on 23rd
March, his body, which was cut in to seven pieces, found in a trunk in
the compartment of a train at Puri. The accused was convicted of
murder & sentenced to death because there were many evidence
against him.
Conclusion
LORD EYRE, C.B., also held that The principle on which this species of
evidence is admitted is, that they are declarations made in extremity,
when the part is at the point of oath, & when every hope of this world is
gone; when every motive of falsehood is silenced, & the mind is induced
by the most powerful consideration to speak the truth; a situation so
solemn & awful is considered by law as creating an obligation equal to
that which is imposed by a positive oath administered in the court of
justice.