Search Results for Tag : dying declaration

News

Madras High Court Says People on Death Bed May Also Lie(16.12.2015)

Madras HC has said that general presumption that people on death bed would not lie cannot be followed as cardinal principle in every criminal case to .....

Tags : Madras High Court , dying declarations

Cal. HC: No Need to Corroborate Dying Declaration if Given In Fit State of Mind(12.08.2022)

Calcutta High Court has held that a dying declaration is a conclusive piece of evidence, admissible for the conviction of the accused, wherein corrobo.....

Tags : Calcutta High Court, Dying Declaration, Corroboration

SC: Statement by an Injured Person Recorded as FIR Can be Treated as a Dying Declaration(21.08.2023)

Supreme Court has held that statement by an injured person recorded as FIR can be treated as a dying declaration and is admissible under Section 32 of.....

Tags : Supreme Court, Dying Declaration, Injured Person, FIR

SC Lays Down Factor to be Considered While Relying on Dying Declarations(25.08.2023)

Supreme Court while observing that it is unsafe to record the conviction on the basis of a dying declaration alone in the cases where suspicion is rai.....

Tags : Supreme Court, Dying Declarations, Factor

Guj. HC: Oral Dying Declaration Which is Reliable & Not Controverted by Defence is Admissible(27.07.2022)

Gujarat High Court has held that a dying declaration cannot be said to be inadmissible merely because it was given orally. The Court stated that an or.....

Tags : Gujarat High Court, Dying Declaration, Evidence

SC Issues Principles to be Followed in Case of Multiple Dying Declarations(20.10.2023)

Supreme Court while laying down principles to be followed in cases where there are multiple dying declarations, and clarified that evidence given by i.....

Tags : Supreme Court, Dying Declarations, Witnesses

Bombay High Court: Dying Declaration Can’t be Rejected Because It Was Not Read to Declarant(14.03.2018)

Bombay High Court has observed that dying declaration cannot be rejected merely because the same is not read over to the declarant and the declarant a.....

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SC: Essential to Examine the Person who Recorded Dying Declaration(08.11.2023)

Supreme Court has held that dying declaration, although undoubtedly a substantive piece of evidence upon which reliance can be placed, it can be rende.....

Tags : Supreme Court, Dying Declaration, Evidence

SC: Dying Declaration Does Not Become Inadmissible Merely Because Police Officer Recorded It(01.11.2022)

Supreme Court has held that although dying declaration ought to ideally be recorded by a Magistrate, if possible, it cannot be said that dying declara.....

Tags : Supreme Court, Dying Declaration, Police Personnel

Orissa HC: Failing to Certify Victim's State of Mind Doesn't Make Dying Declaration Unreliable(01.11.2022)

Orissa High Court has held that failure on part of doctor to certify 'state of mind' of deceased before recording dying declaration will not make the .....

Tags : Orissa High Court, Dying Declaration, State of Mind

SC: Dying Declaration Cannot be Disbelieved Merely on Grounds of Presence of Family(05.03.2021)

Supreme Court has observed that a dying declaration cannot be disbelieved merely because parents and relatives of the deceased were present in the hos.....

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MP HC: Can’t Grant Brownie Points to Accused Merely Because Motive Not Established(23.12.2022)

Madhya Pradesh High Court while observing that merely because motive and enmity is not established, appellant will not get any brownie points, has hel.....

Tags : Madhya Pradesh High Court, Dying Declaration, Motive

Delhi High Court Relies on Dying Declaration to Uphold Conviction of Mobile Snatchers(18.12.2019)

Delhi High Court while relying on the dying declaration of a deceased showed no mercy to three bike-borne mobile snatchers and upheld their conviction.....

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Dying Declaration Can’t Be Rejected Merely Because It Wasn’t Read Over to Declarant: Bombay HC(29.03.2018)

Bombay High Court has held that a dying declaration cannot be rejected merely because it was not read over to the declarant.

Tags : Bombay High Court, Dying Declaration

MP HC Suspends Sentence of Convict Citing Inconsistencies Between Dying Declaration & Oral Statement(12.12.2022)

Madhya Pradesh High Court has suspended the sentence of a murder convict on the ground that there were certain inconsistencies between the dying decla.....

Tags : Madhya Pradesh High Court, Murder, Dying Declaration, Inconsistencies

SC: Conviction Based on Dying Declaration Can be Sustained if it Inspires Confidence(07.03.2024)

Supreme Court has held that the conviction of the accused, solely based on the dying declaration, can be sustained if the declaration made by the vict.....

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All HC:Administering of Oath to Deceased Before Recording Dying Declaration Doesn't Render it Invalid(31.05.2019)

Allahabad High Court has held that the mere fact that in the dying declaration, a sort of oath has been administered to the deceased before recording .....

Tags : Dying Declaration

Bombay HC: Singular Dying Declaration Enough for Conviction(29.06.2016)

Bombay HC, while rejecting application of a Kanhan-based man who set his wife afire after a quarrel, has ruled that a single reliable dying declaratio.....

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Telangana HC: Dying Declaration Can Be Sole Basis of Conviction If It Is True & Voluntary(16.02.2022)

Telangana High Court has reiterated that Dying Declaration can be the sole basis of conviction if the deceased makes the statement in a fit state of m.....

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Judgments

Person who records dying declaration must be satisfied that deceased was in fit state of mind(19.01.2017)

In present criminal appeal, Accused-Appellant, has challenged judgment passed by Additional Sessions Judge, by which accused appellant was convicted f.....

Tags : Conviction, Dying Declaration, Credibility

Dying declaration cannot be rejected on hyper technicalities; if it is trustworthy, conviction can be based solely on dying declaration, without any necessity of corroboration(14.08.2018)

By present appeal, the Appellant has challenged judgment passed by the trial Court, whereby she has been convicted under Section 304 Part I of the Ind.....

Tags : Conviction, Legality, Dying declaration

SC: In Case of Multiple Dying Declarations, Courts Should See Which One Reflects Truth(01.07.2016)

Supreme Court has said if there are more than one dying declarations in a case, the courts should satisfy themselves as to which one reflects the trut.....

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Bombay High Court: Dying Declaration Recorded by Magistrate Cannot be Doubted(02.05.2018)

Bombay High Court has held that a dying declaration recorded by a Magistrate cannot be doubted.

Tags : Bombay High Court, Dying Declaration

Corroborative Evidence Required if Deceased State of Mind Doubtful While Making Dying Declaration: SC(10.04.2019)

Supreme Court has observed that, though conviction can solely be based on dying declaration, corroborative evidence may be required when there is doub.....

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Bombay HC: ‘Dying Declaration’ is No Basis for Conviction unless Trustworthy(22.08.2016)

Bombay HC, while observing that unless dying declaration is trustworthy, it cannot be made basis for conviction, particularly if person making it was .....

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Kerala HC Notifies Electronic Filing Rules for Courts (Kerala), 2021 (Rules)(10.05.2021)

Supreme Court has reiterated that a Court must be satisfied that the dying declaration is true and voluntary, and only then could it be the sole basis.....

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SC: Dying Declaration Must be True and Voluntary to be Considered as Sole Basis for Conviction(10.05.2021)

Supreme Court has reiterated that a Court must be satisfied that the dying declaration is true and voluntary, and only then could it be the sole basis.....

Tags : Supreme Court, Dying Declaration

Pat. HC: With Burn Injuries to the Extent of 100%, Making Dying Declaration Doubtful(26.06.2024)

Patna High Court has observed that a person who suffers burn injuries to the extent of 100% would not be in a position to give statements implicating .....

Tags : Patna High Court, Burn Injuries, Dying Declaration

In absence of fitness certificate referring mental fitness, no reliance can be placed upon dying declaration(02.11.2018)

The Appellant has filed present appeal from his conviction and sentence passed by Additional Session's Judge convicting the Appellant under Section 3.....

Tags : Conviction, Legality, Dying declaration

Dying declaration can be the sole basis for recording conviction and if it is found reliable and trustworthy, no corroboration is required(16.08.2022)

The Appellant¬ has approached present Court being aggrieved by the judgment passed by the High Court vide which the High Court, though reduced the sen.....

Tags : Conviction, Dying declaration, Legality

SC: Patient with 92 Percent Burn Injuries Can be in Healthy State of Mind to Give Dying Declaration(12.08.2019)

Supreme Court has rejected an appeal by a murder convict by upholding the dying declaration given by his deceased wife. The Court ruled that mere fact.....

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Statement of Injured Recorded Under Sec.161 CrPC can be Treated as Dying Declaration After His Death(11.10.2018)

Supreme Court has re-iterated that the statement of an injured recorded under Section 161 of Code of Criminal Procedure can be treated as dying declar.....

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Supreme Court Explains Need not Pick Incriminatory Dying Declaration(10.09.2019)

Supreme Court has observed that in a case of divergent and multiple dying declarations, the Court need not invariably pick the one that incriminates t.....

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Orissa HC: Dying Declaration Can't Be Discarded Because Certificate of Fit Mental State Not Appended(05.05.2022)

Orissa High Court has ruled that dying declaration made to a doctor can neither be called to question nor should be doubted only because a certificate.....

Tags : Orissa High Court, dying declaration, deceased