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DORAISWAMY RAJU, R.C.LAHOTI
Laxmi – Appellant
Versus
Om Prakash – Respondent
What is the admissibility and reliability of dying declarations in evidence? What are the conditions for a dying declaration to be considered reliable? How does the mental and physical condition of the deceased affect the admissibility of a dying declaration?
Key Points: - A dying declaration is relevant and admissible in evidence under Section 32 of the Evidence Act, 1872, provided it has been made by the deceased when in a fit mental condition (!) . - The philosophy behind admitting dying declarations is that no one at the point of death is presumed to lie (!) . - A dying declaration enjoys almost a sacrosanct status and can be sufficient for conviction even without corroboration if found to be true and free from embellishment (!) . - The court must carefully scrutinize dying declarations in light of surrounding circumstances and the maker's capacity to narrate facts (!) . - In this case, five dying declarations were made by the deceased, but none were found reliable due to the absence of proof of the deceased being in a fit mental and physical condition at the time of making the statements (!) . - The court found grave doubts about the deceased's ability to make detailed statements or sign them due to her deteriorating physical condition, including extensive burns and dehydration (!) [1000059000020][1000059000024]. - Inconsistencies were found between some of the dying declarations, and an attempt to develop a story of strangulation before burning was also noted and found to be false [1000059000017][1000059000025]. - The absence of medical evidence attesting to the deceased's fitness to make statements was a significant factor in discarding the dying declarations [1000059000022][1000059000026]. - The court upheld the trial court's acquittal of the accused, finding no other evidence connecting them to the crime and considering the probable defense of suicide (!) [1000059000031]. - The appeal was dismissed, and the judgment of acquittal was maintained (!) [1000059000032].
JUDGMENT
R.C. Lahoti, J.-"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 a sacrosanct 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 t
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