JUDGMENT :

Introduction:

1. Much ink has been flown on evaluation and appreciation of evidence on a written dying declaration, but, a very few occasions have arisen, wherein the Court has an opportunity to examine and assess the evidence adduced by the prosecution on oral dying declaration. Present is one such case.

1.1 The principle of “Leterm Mortem” which means, “words said before death”, in a legal term it is called as ‘Dying Declaration’. The word “Dying Declaration” means a statement, written or verbal, of relevant facts made by a person, who is dead. It is the declaration of a person who had died explaining the circumstances of his death. This is based on the maxim ‘Nemo Mariturus Presumuntur Mentri” i.e. a man will not meet his maker with lie on his mouth. Our Indian law recognizes the fact that ‘a dying man seldom lies’ or ‘truth sits upon the lips of a dying man.’ It is an exception to the principle of excluding hearsay evidence rule. Here the person (victim) is the only eye-witness to the crime, and exclusion of his/her statement would tend to defeat the ends of justi