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DYING DECLARATION OR MORIBUND DECLARATION

DYING DECLARATION OR MORIBUND DECLARATION

 


INTRODUCTION

In the context of the law of evidence, the last things said by a person before death are called dying declaration. A death sentence is a word of evidence that can be accepted as evidence in certain types of cases, while at other times, similar words uttered at the time are rejected as evidence by saying 'hearsay'.

The dying declaration is admissible on the sole basis that it was made in the climax. And in India, its admissibility is explained in Section 32 (11) of the Indian Evidence Act. It is clarified by the above statements given by various courts that the declaration of dying may be in any form, but it must be carefully recorded and duly proved, which the courts are acceptable as "deciding" . .

 



DYING DECLARATION


If a person is making a statement at the time of death when there is no hope of life left, when there is no attachment to the world, in such a situation, someone says a death statement, then that statement was considered relevant in the Evidence Act of India.

A dying declaration stands on the same footing as other pieces of evidence and is to be judged in light of the surrounding circumstances and in terms of the principle governing the weight of the evidence.

 



IMPORTANCE OF STATEMENT GIVEN BEFORE DYING IN EVIDENCE METHOD

·        The Dying declaration has great significance in the Indian Evidence Act. Death statement is the statement given before dying. Under Section 32 (1) of the Evidence Act, the death statement has been described and the death statement has been given jurisdiction within the evidence.

·        Under this section, an attempt has been made to state that if any statement is a death statement, it will be considered relevant. Dying declaration: The person is about to meet his God, the last time is very near, then it is believed that in the last time the person does not die by lying in his mouth. Every person dies by telling the truth. The death sentence has been assumed to be the ultimate truth. If a person is making a statement at the time of death when there is no hope of life left, when there is no attachment to the world, in such a situation, someone says a death statement, then that statement was considered relevant in the Evidence Act of India.

 

·        The death statement is not considered to be the only statement said at the time of death. Some elements have also been included in this and based on the decision given by the Court of India from time to time, there has been a gross neglect of the death sentence and there have been changes from time to time on the death sentence.

 

·        The statutory result of this is Section 32 (1) itself, and the judicial evidence is a case of Privy Council called the case of Pakala Narayana Swamy v. Samrat. In this case the deceased had borrowed some rupees from a person named Pakala Narayan Swami on loan and he was unable to repay them. He was being threatened by Pakala Narayan for paying debts from time to time. Swami had given such threats through letters and letters were available with the wife of the deceased. When the deceased was visiting Pakala Narayana Swamy in his city, he told his wife that he was going to meet Pakala Narayan in his city of Berhampur. After some time the body of the deceased was recovered from a trunk. The court held Pakala Narayana Swamy guilty in the trial as the body of the deceased recovered from the trunk was bought by Pakala Narayan Swamy and the deceased had gone to Barhampur Swamy, making this final statement to his wife. This statement is considered a death statement. It is not necessary to have the statement only at the time of death, the statement of death cannot be canceled only on the basis that the death statement was not said at the time of death. The death statement can be said at any time and this statement should be related to events and circumstances.

 

·         There is a case of the Supreme Court in this case known as Sharad Biradi Chandra Sharda v. State of Maharashtra. The Supreme Court has pointed out that the statement must necessarily related to the cause of death and the circumstances of the death-causing transaction.

 

·        In the case of Darshan Singh v. State of Punjab (AIR 1983 Supreme Court 554), the conviction on the basis of the death declaration required the statements to be so credible as to be fully believed.

 

 

 

 

IN THE DECISION OF APEX COURT, "THE ROOT OF THE WHOLE CASE WAS “WHO AND WHY” THE DECEASED WAS STABBED. THESE IMPORTANT FACTS ARE FOUND IN THE DECLARATION OF DEATH."

 

1. QUESTION ANSWER FORM

Where the declaration of dying was not recorded as a question-answer, it was held that it could not be dismissed for the same reason only. A statement recorded in the narrative may be more natural as it may give a version of the alleged incident by the victim.

 

2. FORMS OF GESTURES AND GESTURES

Rani-Maharani v. Abdullah accused had cut the throat of the deceased girl and due to which she was unable to speak, she indicated the name of the accused with the mark of her hand, it was in her full back of the Allahabad High Court "If injured. If the person is unable to speak, he or she may declare dead by signs and gestures in response to the question. " In another case, the Supreme Court stated that "the value of sign language will depend on who signs are recorded, what gestures are made, what questions were asked, whether simple or complex and how effective and understandable .”

 

3. STATEMENT LANGUAGE

Where the deceased made a statement in the Kannada and Urdu languages, it was held that this statement could not be rejected on the ground or on the ground that it was recorded only in Kannada. Where the statement was in Telugu and the doctor recorded it in English, but due care was taken by another doctor to make a statement to the injured person, the statement was made to be a valid dying declaration.

 

4. ORAL DECLARATION

The apex court specifically emphasized the need for the coronation of such a declaration in a case where the injured person had given oral statements to her mother and she was an interested witness. Such declaration should be made with caution .The statement made orally by the person who was hit on the head with a stick and narrated by the witness who filed the FIR. FIR as a part of. Accepted as a credible statement for the purpose of section 32.

 

 

 5. THUMB IMPRESSION

A moribund declaration evidenced by a thumb impression was considered suspicious given the fact that the victim was 100 percent burned.

 

6. INCOMPLETE STATEMENT

The top court held that the declaration of dying would be unverifiable if the deceased failed to fulfill the main sentence (for example, the origin or motive for the crime). However, if the deceased has told the full story, but fails to answer the final formal question of what he wanted to say, the declaration can be relied upon.

 

7. WHERE THE DECLARATOR SURVIVES

In a case decided by the apex court, the deceased who made the declaration was seriously injured, but was fully conscious while making the statement. The Court held that the mirror disagreement in his statement regarding facts and circumstances would not be a sufficient basis for not relying on his statement, which was otherwise found to be genuine.

 

8. ABSENCE OF MEDICAL STATEMENT OF FITNESS

Where the declaration of the death of the dowry victim was challenged on the grounds that the statement did not contain a doctor's certificate of mental fitness, the Supreme Court attached no importance to that omission, as the case was not wholly dependent on the declaration.

 

9. WHERE THE INTENDING WITNESSES WERE PRESENT AT THE DECEASED


The Gauhati High Court has held that when the deceased witness was participating in the declaration of the deceased, when he was declaring to die, and because of the injuries, the deceased was neither physically or mentally fit, nor any reliance on the deceased declaration. Lack of evidence to show that the deceased was physically and mentally able to declare death, and was not a victim of any tuition.

 

10. WHERE THE STATEMENT IS NOT RELEVANT TO THE CAUSE OF DEATH

When the person making the statement does not prove to have died as a result of the injuries received in the incident, his statement cannot be made as to the cause of his death or any circumstances of the transaction that resulted in his death.

 

11. MEDICAL REPORT

The doctor at the hospital clearly recorded in the hospital's accident register that the patient was conscious, had good orientation and answered the question posed to him well. Her statement could not be dismissed on the basis of her injury or postmortem report stating that in relation to the nature of the deceased's injuries, she could not be in a position to make a statement. Where a medical report of fitness was available to the magistrate, who had to record the statement, it was held that it was not necessary for the magistrate to conduct an independent examination of fitness.

 

12. DOCTOR'S STATEMENT

In the case of burning a bride, the doctor whom the deceased was taken for treatment told that soon after her admission, she said that her husband had put kerosene on her clothes and set her on fire was. The doctor made a note of it in the case papers. The doctor's testimony became supported by contemporary records. The court said that the doctor had no reason to make false allegations against the accused or to prepare false case papers.

 

13. AS A DECLARATION OF DIE F.I.R.

K. In Ramchand Reddy v. Public Prosecutor, it was held that where an injured person lodged an FIR and then died, it was considered relevant as declaring one dead.

 

14. DOWRY DEATH, WIFE BURNING ETC.

Three or four months after the death of a married woman in the matrimonial home, statements expressing danger to her life have been described by the Supreme Court as clarifying the circumstances of her death.

Supreme court said- “The statement of the person lying on the mortuary has special significance. In such a time of grief, it is not possible that a dying person will lie. The statement on the deathbed is of the utmost importance, an evidence that came out of the victim's mouth just before death. The statement of the victim and the statements of the witnesses after passing through the courtroom becomes a very important and reliable evidence. The court has also decided that if there is more than one prenuptial statement in a case, the court has to see whether the various statements are complementary to each other”.

 

 

15. MAKE A STATEMENT

The apex court determined in the case of Barati v. State of UP that a dying declaration for relatives of the deceased, when properly proved, can also be relied upon. In this case, the deceased, who was killed by spraying acid on him, first gave a statement to his brother and son, repeated it in the police station and then hospitalized the accused, the court said that the statement was worthy of credit. Where the dying statement was recorded by the deceased's wife, the Supreme Court did not dismiss it on that basis only, although it added that such evidence should be examined with care.

 

 

 

 

CASE LAWS

1.     IN ULKA RAM V. STATE OF RAJASTHAN, the Supreme Court stated that, "When a statement is made by a person on account of his death or due to any circumstance of the transaction which led to his death, it causes his death." The evidence in question is admissible, in law such a statement is essentially called a dying declaration. "

 

 

2.     The top court, in its judgment, P.V. RADHAKRISHNA V. STATE OF KARNATAKA held that the principle on which a dead declaration is accepted in evidence is indicated in the Latin maxim, nemo morturas procumitur mentri, a man will not meet his creator with a lie in his mouth. The information recorded by a person who was later related to the cause of his death is admissible in evidence under this section.

 

 

3.     In WAZIR CHAND V. STATE OF HARYANA,in which the court observed the pakla ruling and said, 'Applying the facts of these cases, his suzerainty stated that the transaction in the case was one in which the deceased was murdered on March 21 And her body was found in the trunk purchased by the accused. The statement that the deceased had made on 20 March that he was going to the place where the accused was staying, clearly appears to be a statement according to some circumstances of the transaction which resulted in his death. Thus the statement was taken to be correct.

 

 

4.     KR REDDY V. PUBLIC PROSECUTOR, the apparent value of dying declaration was seen as follows: -"The declaration of dying is undoubtedly admissible under section 32 and the statement on oath is not being made so that its truth can be cross-examined, the court will have to examine the statement and enforce the nearest complaint before proceeding with it." Whereas a great man and holiness are associated with the words of a dying person because a person lying on the verge of death or an innocent person. A case is unlikely to be added as a trap, yet the court must be against the guard. The deceased's statement is the result of either tuition, prompting, or a product of his or her imagination. The court must be satisfied that The deceased had a clear opportunity to recognize and recognize his statements and was making statements without any effect or malice. Once the court is satisfied that the declaration of dying True and voluntary, it may be sufficient to be found guilty even without further confirmation. "

 




PRINICPLES OF DEATH RELATED CIRCUMSTANCES


IN KHUSHAL RAO V. STATE OF BOMBAY, the apex court declared the following death-related principles to be dead:

 

(i) There is no absolute rule of law that declaring a dead cannot be the sole basis of punishment unless it is confirmed. A coronation is not required for a true and voluntary declaration.

 

(ii) The declaration of dying is not a weaker type of evidence than any form of evidence;

 

(iii) Each case should be determined on its own facts, taking into account the circumstances in which the dying were declared.

 

(iv) A dying declaration stands on the same footing as other pieces of evidence and is to be judged in light of the surrounding circumstances and in terms of the principle governing the weight of the evidence.

 

(v) An appropriate declaration, properly recorded by a competent magistrate, i.e. in the form of questions and answers, and, as far as practically standing in the words of the creator of the declaration, is compared to the declaration of dying. I have a very high pedestal that relies on oral testimony that can suffer from all the weaknesses of human memory and human character.

 

(vi) In order to test the reliability of the declaration of dying, the court should take into account such circumstances as the occasion for observation of the dying person, for example, if the crime was committed at night, there was sufficient illumination or No; Did not man's ability to remember the facts stated diminish when he was narrating situations beyond his control; This statement has been consistent throughout the time if it had many opportunities to declare him dead in addition to its official record; And this statement was made at the earliest opportunity and was not the result of tuition by the interested party. "

 

 

 

 

EXCEPTION OF DIE DECLARATION

Exceptions to Death Declaration of Death 'determine where statements made by persons who have died are not acceptable:

 

1. If the cause of death of the deceased is not under consideration: If the deceased has made any statement other than the cause of his death before his death, this declaration is not admissible in evidence.

 

2. If the declarer is not a competent witness: the declarer must be a competent witness. The declaration of a child dying is inadvertent. In Amar Singh v. State of Madhya Pradesh, 1996 CR LJ (MP) 1582,. The High Court held that without proof of mental or physical fitness, the declaration of dying was not credible.

 

3. Inconsistent Declaration: Inconsistent die declaration has no explicit value.

 

4. Suspicious Features: In Ramilaben v. State of Gujarat it was held by the court that second degree injuries, the injured die 7-8 hours after the incident, four dying declarations were recorded but none took medical certificate. There were other suspicious features, the evidence went unnoticed.

 

5. Unrelated declaration: It should be noted that die declaration should not be under the influence of any one.

 

6. False Declaration: If it is found to be untrue and if it can be separated, it is perfectly acceptable to reject a part of the Declaration of Dying.

 

7. Incomplete declaration: Declaration of death must be completed.

 

8. If the statement relates to the death of another person: If the statement made by the deceased is not related to his death, but is related to the death of another person, then it is not relevant.

 

9. Conflicting statements: If more than one status declaration is made in a manifesto and all are contradictory, the value of all those declarations decreases.

 

10. Unsound person: Where the burnt person's married death was of unsolicited mind and whether or not the medical certificate described his physical fitness as a vow for a statement, given the state of mind at this critical time, the court said that the statement was not trusted can be done.

 



CONCLUSION

The "declaration to die" is a legal concept that refers to a statement made by a dying person, explaining the circumstances of his death. Lord Lusch, L.J., stated that "being declared dead is accepted in evidence because it is believed that any person who is not immediately going into the presence of his Creator, with a lie on his lips It will do so. But the person making the announcement must be entertained with the expectation of an immediate death. If he thinks he will die tomorrow it will not go away. "

 

Lord Year, c. B., also stated that "the principle on which this species of evidence is accepted is that those declarations are made in an extreme manner, when the part is at the time of oath, and when every expectation of this world Comes to an end; when every motive of lies is silenced, and the mind is driven by the most powerful idea to tell the truth; such a situation is justified by law, given in the court of justice Karatmk oath is applied.

 

 


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