Anand @ Bhausaheb Yuvraj Patil. vs The State Of Maharashtra on 10 October, 2011
(xi) Nanhau Ram v. State of M.P. [1988 Supp SCC
152]
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Nanhau Ram And Anr. vs State Of Madhya Pradesh on 24 February, 1988
Decisions. In Parbin Ali & Anr vs State Of Assam, Decided On 7 on 15 February, 2023
Normally,
the court, as held in Nanhau Ram v. State of M.P., AIR 1989 SC
912, in order to satisfy whether the deceased was in a fit mental
condition to make the dying declaration, looks up to the medical
opinion. But where the eye witness state that the deceased was in
a fit and conscious state to make the dying declaration, the
medical opinion cannot prevail.
Jayshriben @ Kali D/O Shamjiyomal ... vs State Of Gujarat on 10 May, 2019
(ix) Normally the Court in order to satisfy whether the
deceased was in a fit mental condition to make the
dying declaration look up to the medical opinion. But
where the eyewitness has said that the deceased was
in a fit and conscious state to make the dying
declaration, the medical opinion cannot prevail. [See
Nanhau Ram v. State of M.P., 1988 Supp SCC 152]
Mahinder Singh And Anr vs State Of Haryana on 21 December, 2018
29. No doubt, in the present case there is no certificate of
PW-4-Dr. Arun Gupta that Phoola Ram remained conscious and
fit to make statement throughout recording of his statement. PW-
1-Sh. Sanjeev Arya, learned Judicial Magistrate, 1st Class, Hisar
has also not recorded any certificate at the end of the statement.
However, there is no statutory prescription as to the manner of
recording of a dying declaration and the procedure to be followed
for the same and the procedural requirements as to presence of
Magistrate; certification of the doctor as to the mental or the
physical status of the person making the declaration etc. were all
developed by judicial pronouncements. The Courts look into
these aspects in order to satisfy whether deceased was in a fit
mental condition to make a dying declaration and where it is
established by testimony of eye-witnesses that the deceased was
in a fit mental condition to make the dying declaration absence of
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Crl. Appeal D-896-DB of 2002 and
Crl. Revision 2398 of 2002 -24-
Magistrate or medical opinion will not prevail. (See Nanhau Ram
Vs. State of M.P., (1998) Supp.
21) In Parbin Ali & Anr vs State Of Assam, Decided On 7 on 21 September, 2022
23) Thus in view of the law discussed hereinabove, conviction
can be recorded on the basis of dying declaration alone, if the same is
wholly reliable, but in the event there exists any suspicion as regards the
correctness or otherwise of the said dying declaration, the court has to
look for some corroborating evidence. Normally, the court, as held in
Nanhau Ram v. State of M.P.,AIR 1989 SC 912, in order to satisfy
Sessions Case No. 850/2016 Page 21/32 ASJ-04/East/KKD/Delhi
whether the deceased was in a fit mental condition to make the dying
declaration, looks up to the medical opinion. But where the eye witness
state that the deceased was in a fit and conscious state to make the dying
declaration, the medical opinion cannot prevail.
Ashiq vs State Of U.P. on 15 April, 2026
(ix) Normally, the court in order to satisfy whether the deceased was in a fit mental condition to make the dying declaration looks up to the medical opinion. But where the eyewitness said that the deceased was in a fit and conscious state to make the dying declaration, the medical opinion cannot prevail. (See Nanhau Ram v. State of M.P. [1988 Supp SCC 152 : 1988 SCC (Cri) 342 : AIR 1988 SC 912] )
Manivelraj vs The State on 27 December, 2017
(ix) Normally the Court in order to satisfy whether the
deceased was in a fit mental condition to make the dying
declaration looks up to the medical opinion. But where
the eye-witness said that the deceased was in a fit and
conscious state to make the dying declaration, the
medical opinion cannot prevail. [See Nanahau Ram and
Anr. v. State of Madhya Pradesh (AIR 1988 SC 912)].
Sri Raju Lal Das vs The State Of Tripura on 4 July, 2019
(ix) Normally the court in order to satisfy whether
deceased was in a fit mental condition to make the
dying declaration look up to the medical opinion. But
where the eye witness has said that the deceased was
in a fit and conscious state to make this dying
declaration, the medical opinion cannot prevail.
[Nanahau Ram v. State of MP : AIR 1988 SC 912].
Jagbir Singh vs State (Nct Of Delhi) on 4 September, 2019
(ix) Normally the court in order to
satisfy whether deceased was in a fit
mental condition to make the dying
declaration look up to the medical
opinion. But where the eye witness has
said that the deceased was in a fit and
conscious state to make this dying
declaration, the medical opinion cannot
prevail. (Nanahau Ram v. State of
M.P. [1988 Supp SCC 152 : 1988 SCC (Cri)
342 : AIR 1988 SC 912])
Jogendra Singh vs The State Of Madhya Pradesh on 13 August, 2019
(ix) Normally the Court in order to satisfy whether
deceased was in a fit mental condition to make the
dying declaration look up to the medical opinion.
But where the eye-witness said that the deceased was
in a fit and conscious state to make the dying
declaration, the medical opinion cannot prevail. [See
Nanahau Ram and Anr. v. State of Madhya
Pradesh(AIR 1988 SC 912)]