Search Results Page

Search Results

1 - 10 of 25 (3.48 seconds)
Documents citing Narain Singh And Anr vs State Of Haryana on 5 February, 2004

Kamlesh Jain vs State Of M.P. on 14 December, 2007

Again in the case of Narain Singh v. State of Haryana (2004) 13 SCC 264 : 2004 Cri LJ 1409 it was held by the Supreme Court that Section 32(1) is an exception to hearsay rule, the dying declaration like any other evidence has to pass the test of credibility. If found reliable, it can be the basis of conviction. There is also no legal bar in action on a part of the dying declaration.
Madhya Pradesh High Court Cites 15 - Cited by 12 - N K Mody - Full Document

Vidya Sagar Dwivedi vs State Of U.P. on 25 February, 2020

In Narain Singh Vs. State of Haryana, (2004) 13 SCC 264, the Supreme Court explained the sanctity of dying declaration and said that a 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 guarantee of the truth of the statement of the deceased regarding the circumstances leading to his death. The mind gets altered by most powerful ethical reasons to speak only the truth. Great solemnity and sanctity is attached to the words of a dying person because a person on the verge of death is not likely to tell lies or to concoct a case so as to implicate an innocent person.
Allahabad High Court Cites 55 - Cited by 0 - Full Document

Rishi Talwar vs State Of U.P. on 1 March, 2023

In Narain Singh Vs. State of Haryana (2004) 13 SCC 264, Babulal Vs. State of MP (2003) 12 SCC 490 and Sharda Vs. State of Rajasthan 2010 (68) ACC 274 (SC) it was held that a dying declaration made by a 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 guarantee of the truth of the statement of the deceased regarding the circumstances leading to his death. But at the same time the dying declaration like any other evidence has to be tested on the touchstone of credibility to be acceptable. It is more so, as the accused does not get an opportunity of questioning veracity of the statement by cross-examination. The dying declaration, if found reliable can form the base of conviction. A person who is facing imminent death, with even a shadow of continuing in this world practically non-existent, every motive of falsehood is obliterated. The mind gets altered by most powerful ethical reasons to speak only the truth. Great solemnity and sanctity is attached to the words of a dying person because a person on the verge of death of not likely to tell lies or to concoct a case so as to implicate an innocent person. The maxim is "a man will not meet his Maker with a lie in his mount" (nemo moriturus praesumitur mentire). Matthew Arnold said, "truth sits on the lips of a dying man". The general principle on whch the species of evidence is admitted is that they are declarations made in extremity, when the party is at the point of death, and when every hope of this world is gone, when every motive to falsehood is silenced and mind induced by the most powerful consideration to speak the truth; situation so solemn that law considers the same as creating an obligation equal to that which is imposed by a positive oath administered in a court of justice.
Allahabad High Court Cites 90 - Cited by 0 - A K Mishra - Full Document

Bijoy Das vs State Of West Bengal on 28 January, 2008

As observed by this Court in Narain Singh v. State of Haryana AIR vide para 7: (SCC p. 267, para 7) A dying declaration made by a 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 guarantee of the truth of the statement of the deceased regarding the circumstances leading to his death. But at the same time the dying declaration like any other evidence has to be tested on the touchstone of credibility to be acceptable. It is more so, as the accused does not get an opportunity of questioning veracity of the statement by cross-examination. The dying declaration if found reliable can form the base of conviction.
Supreme Court of India Cites 18 - Cited by 18 - A Pasayat - Full Document

Shaik Nagoor vs State Of A.P. Rep. By Its Public ... on 20 February, 2008

8. As observed by this Court in Narain Singh v. State of Haryana AIR vide para 7: (SCC p. 267, para 7) "A dying declaration made by a 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 guarantee of the truth of the statement of the deceased regarding the circumstances leading to his death. But at the same time the dying declaration like any other evidence has to be tested on the touchstone of credibility to be acceptable. It is more so, as the accused does not get an opportunity of questioning veracity of the statement by cross-examination. The dying declaration if found reliable can form the base of conviction."
Supreme Court of India Cites 17 - Cited by 8 - A Pasayat - Full Document

Gharu Ram & Ors vs State Of Bombay' Air 1958 Sc 22 on 17 September, 2007

One vital aspect is very clear before us that while examining the 'dying declaration' on which the prosecution asks for the conviction, it becomes the duty of the Court to ensure that before making the statement the declarant was in a fit mental condition to make the said statement; it was a voluntary act of the victim free from any outer pressure because the victim was never subjected to cross-examination and the statement made becomes admissible piece of evidence by virtue of Section 32(1) of Indian Evidence Act, 1872. Apart from the said statement being admissible, the basic touchstone is that it must pass the test of reliability. Once it is held to be reliable then the conviction can be safely based on it alone as held in case 'Narain Singh and another Vs. State of Haryana' 2004 (2) Recent Criminal Reports 933 (SC).
Jammu & Kashmir High Court Cites 22 - Cited by 0 - Full Document

)Gharu Ram vs State Of Bombay Air 1958 Sc 22 on 17 September, 2007

One vital aspect is very clear before us that while examining the dying declaration on which the prosecution asks for the conviction, it becomes the duty of the Court to ensure that before making the statement the declarant was in a fit mental condition to make the said statement; it was a voluntary act of the victim free from any outer pressure because the victim was never subjected to cross-examination and the statement made becomes admissible piece of evidence by virtue of Section 32(1) of Indian Evidence Act, 1872. Apart from the said statement being admissible, the basic touchstone is that it must pass the test of reliability. Once it is held to be reliable then the conviction can be safely based on it alone as held in case Narain Singh and another Vs. State of Haryana 2004 (2) Recent Criminal Reports 933 (SC).
Jammu & Kashmir High Court Cites 22 - Cited by 0 - Full Document
1   2 3 Next