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1 - 10 of 19 (0.22 seconds)Smt. Paniben vs State Of Gujarat on 13 March, 1992
This Court has laid down in several
judgments the principles governing dying
declaration, which could be summed up as
under as indicated in Paniben v. State of
Gujarat (1992(2) SCC 474) (SCC pp.480-81,
paras 18-19)
Munnu Raja & Anr vs The Stae Of Madhya Pradesh on 20 November, 1975
Munnu Raja v. State of M.P.(1976 (3) SCC
104)]
(9 of 10) [CRLA-633/2015]
State Of Uttar Pradesh vs Ram Sagar Yadav And Ors. on 22 January, 1985
State of U.P. v. Ram Sagar Yadav (1985(1)
SCC 552) and Ramawati Devi v. State of
Bihar 1983(1) SCC 211))
K Ramachandra Reddy & Anr vs The Public Prosecutor on 5 May, 1976
(iii) The court has to scrutinise the dying
declaration carefully and must ensure that
the declaration is not the result of tutoring,
prompting or imagination. The deceased had
an opportunity to observe and identify the
assailants and was in a fit state to make the
declaration. [See: K. Ramachandra Reddy v.
Public Prosecutor(1976 (3) SCC 618)])
Rasheed Beg And Ors. vs State Of Madhya Pradesh on 20 November, 1973
(iv) Where a dying declaration is suspicious,
it should not be acted upon without
corroborative evidence. [See: Rasheed Beg v.
State of M.P.(1974(4) SCC 264)]
Kake Singh Alias Surendra Singh vs State Of Madhya Pradesh on 2 April, 1981
(v) Where the deceased was unconscious and
could never make any dying declaration the
evidence with regard to it is to be rejected.
[See: Kake Singh v. State of M.P.(1981 Supp.
SCC 25)]
Ram Manorath vs State Of U.P on 10 March, 1981
(vi) A dying declaration which suffers from
infirmity cannot form the basis of conviction.
[See: Ram Manorath v. State of U.P.(1981(2)
SCC 654]
State Of Maharashtra vs Krishnamurti Laxmipati Naidu on 12 November, 1980
(vii) Merely because a dying declaration does
not contain the details as to the occurrence, it
is not to be rejected. (See State of
Maharashtra v. Krishnamurti Laxmipati Naidu
[1980 Supp. SCC455)]
Nanhau Ram And Anr. vs State Of Madhya Pradesh on 24 February, 1988
(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)]