Criminal trial – Dying declaration – The case relies primarily on the dying declaration of the deceased – Conviction can be based solely on a dying declaration, but it must be trustworthy, reliable, and inspire confidence. Coviction set aside on facts.
Criminal trial – Dying declaration – The case relies primarily on the dying declaration of the deceased – Conviction can be based solely on a dying declaration, but it must be trustworthy, reliable, and inspire confidence – The declaration was recorded by Executive Magistratewho obtained a fitness certificate from a doctor regarding the deceased’s ability to make the statement – The deceased suffered burn injuries on November 5, 1991, but the dying declaration was recorded on November 8, 1991 – The declaration was recorded after an application from the deceased’s relatives to the SDM, Ludhiana – The Magistrate admitted that boys who brought the application indicated the deceased’s capability to make a statement and had already spoken to her – Some of these boys were related to the deceased, and other individuals were present when the statement was recorded – Doubt exists regarding whether the dying declaration recorded by Executive Magistrate, was voluntary or influenced by respondent No.5 – Dr. mentioned discrepancies in the timing of the declaration and the fitness assessment – The doctor did not mention attesting the statement in the bed-head ticket, raising questions about whether he examined the deceased’s fitness before the Magistrate recorded the statement – Dr. has stated that the history recorded by him while admitting the deceased, was narrated by the deceased herself – He has further stated that the deceased had also narrated that her husband had extinguished fire by pouring water on her – It cannot be said that the dying declaration is free from doubt – Criminal Procedure Code, 1973 Section 313 – Penal Code, 1860 Section 304B
