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1 - 10 of 21 (0.22 seconds)The Code of Criminal Procedure, 1973
Section 302 in The Code of Criminal Procedure, 1973 [Entire Act]
Kushal Rao vs The State Of Bombay on 25 September, 1957
It is well settled that, as a matter of law, a dying declaration can be acted upon without
corroboration. See Khushal Rao v. State of Bombay, AIR 1958 SC 22; Harbans Singh v. State
of Punjab, AIR 1962 SC 439, Gopal Singh v. State of M.P., 1972 (3) SCC 268. There is not
even a rule of prudence which has hardened into a rule of law that a dying declaration cannot
be acted upon unless it is corroborated. The primary effort of the Court has to be to find out
whether the dying declaration is true. If it is no question of corroboration arises. It is only if
the circumstances surrounding the dying declaration are not clear or convincing that the Court
may, for its assurance, look for corroboration to the dying declaration.
Harbans Singh And Another vs State Of Punjab on 16 October, 1961
It is well settled that, as a matter of law, a dying declaration can be acted upon without
corroboration. See Khushal Rao v. State of Bombay, AIR 1958 SC 22; Harbans Singh v. State
of Punjab, AIR 1962 SC 439, Gopal Singh v. State of M.P., 1972 (3) SCC 268. There is not
even a rule of prudence which has hardened into a rule of law that a dying declaration cannot
be acted upon unless it is corroborated. The primary effort of the Court has to be to find out
whether the dying declaration is true. If it is no question of corroboration arises. It is only if
the circumstances surrounding the dying declaration are not clear or convincing that the Court
may, for its assurance, look for corroboration to the dying declaration.
K Ramachandra Reddy & Anr vs The Public Prosecutor on 5 May, 1976
In K. Ramachandra Reddy and Anr. v. The Public Prosecutor, (1976) 3 SCC 618 it was
held that a great solemnity and sanctity is attached to the words of a dying man 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 yet the Court has to be on guard against the statement of the deceased being a
result of either tutoring, prompting or a product of his imagination. It was further held that the
Court must be satisfied that the deceased was in a fit state of mind to make the statement after
the deceased had a clear opportunity to observe and identify his assailants and that he was
making the statement without any influence or rancour. Once the Court is satisfied that the
dying declaration is true and voluntary it can be sufficient to found the conviction even
without any further corroboration.
Pothakamuri Srinivasulu @ Mooga ... vs State Of Andhra Pradesh on 26 July, 2002
In Pothakamuri Srinivasulu v. State of A.P., (2002) 6 SCC
399 it has been held that if the deceased made statement to the witnesses and their testimony is
found to be reliable the same is enough to sustain the conviction of the accused.
Mafabhai Nagarbhai Raval vs State Of Gujarat on 14 August, 1992
In Mafatbhai
Nagarbhai Raval v. State of Gujarat, (1992) 4 SCC 69 it was held that the Doctor who has
examined the victim was the most competent witness to speak about her condition.
Ram Bihari Yadav vs State Of Bihar & Ors on 21 April, 1998
In Ram
Bihari Yadav v. State of Bihar and ors., (1998) 4 SCC 517, it was held as follows:
Raju Trambak Magare And Ors. And Laxman ... vs State Of Maharashtra on 12 December, 2000
Mr. B. S. Salathia, learned Addl. Advocate General, on the other hand, submits that
simply that doctor who had attested the dying declaration is not produced, that by itself
would not be a ground to throw the dying declaration in its totality when all other attending
circumstances are indicative of the fact that the statement of Gita Devi is a true account of
occurrence, which deserves to be accepted in its entirety. To strengthen his argument, Mr.
Salathia relies upon a judgment delivered by a Constitution Bench of Apex Court in case
Laxman v. State of Maharashtra AIR 2002 SC 2973.