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Babloo @Devanand vs The State Of M.P. on 21 August, 2018 cites

Koli Chunilal Savji & Anr vs State Of Gujarat on 29 September, 1999

10.In Koli Chunilal Savji v. State of Gujarat, AIR 1999 SC 3695, this Court held, that the ultimate test is whether a dying declaration can be held to be truthfully and voluntarily given, and if before 12 recording such dying declaration, the officer concerned has ensured that the declarant was in fact, in a fit condition to make the statement in question, then if both these aforementioned conditions are satisfactorily met, the declaration should be relied upon.
Supreme Court of India Cites 6 - Cited by 195 - M Srinivasan - Full Document

Rambai vs State Of Chhattisgarh on 4 October, 2002

The residuary question whether the percentage of burns suffered is determinative factor to affect the credibility of the dying declaration and the improbability of its recording. There is no hard and fast rule of universal application in this regard. Much would depend upon the nature of the burn, part of the body affected by the burn, impact of the burn on the faculties to think and convey the idea or facts coming to mind and other relevant factors. Percentage of burns alone would not determine the probability or otherwise of making dying declaration. As noted in Rambai's case (supra) physical state or injuries on the declarant do not by 19 themselves become determinative of mental fitness of the declarant to make the statement.'' (18) Thus, it is clear that obtaining a fitness certificate before and after recording of dying declaration is not the requirement of law and if the authority, recording the dying declaration is satisfied about the mental fitness of the victim, then the dying declaration cannot be disbelieved only on the ground that the medical fitness certificate was not obtained. However, in the present case, the dying declaration was recorded by the Doctor himself. Therefore, it was not necessary for one Doctor to obtain the mental fitness certificate of the victim, from another Doctor.
Supreme Court of India Cites 4 - Cited by 51 - Full Document

Govindappa & Ors vs State Of Karnataka on 11 May, 2010

12.In Govindappa &Ors. v. State of Karnataka, (2010) 6 SCC 533, it was argued that the Executive Magistrate, while recording the dying declaration did not get any certificate from the medical officer regarding the condition of the deceased. This Court then held, that such a circumstance itself is not sufficient to discard the dying declaration. Certification by a doctor regarding the fit state of mind of the deceased, for the purpose of giving a dying declaration, is essentially a rule of caution and therefore, the voluntary and truthful nature of such a declaration, may also be established otherwise. Such a dying declaration must be recorded on the basis that normally, a person on the verge of death would not implicate somebody falsely. Thus, a dying declaration must be given due weight in evidence.
Supreme Court of India Cites 7 - Cited by 72 - P Sathasivam - Full Document

The State Of Punjab vs Gian Kaur And Anr on 5 March, 1998

13.In State of Punjab v. Gian Kaur &Anr., AIR 1998 SC 2809, an issue arose regarding the acceptability in evidence, of the thumb impression of Rita, the deceased, that appeared on the dying declaration, as the trial court had found that there were clear ridges and curves, and the doctor was unable to explain how such ridges and curves could in fact be present, when the skin of the thumb had been completely burnt. The court gave the situation the benefit of doubt.
Supreme Court of India Cites 1 - Cited by 52 - Full Document
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