Truthful dying declaration may form sole basis of conviction, even though it is not corroborated

Gopal Singh vs State of HP

Himachal Pradesh HC

14/12/2017

Cr. Appeal No. 567 of 2016

About/from the judgment:

Truthful dying declaration may form sole basis of conviction, even though it is not corroborated!

 

302 IPC

 

The appellant was married to the deceased. He was accused of murder of the deceased by causing burn injuries to her. His conviction by the Trial Court was mainly based upon the dying declaration of the deceased. Learned counsel for the appellant contended that the dying declaration was not recorded in accordance with law and no reliance could have been placed by the Court to convict the appellant on basis of such statement.

 

The High Court perused the record and was of the view that a dying declaration itself has been made admissible under Section 32 of the Evidence Act and is an exception to the hearsay rule when it is made by the declarant at the time when it is believed that the declarant’s death was near or certain. The law on the subject is well settled that truthful dying declaration may form sole basis of conviction, even though it is not corroborated, however, reliability of dying declaration should be subjected to close scrutiny and Court must be satisfied that the declaration is truthful. The Court found it proved on record that at the time of making such statement there were very bleak chances of the victim surviving as she otherwise also succumbed to such burn injuries. The Court also found it established beyond reasonable doubt that deceased was set ablaze by the accused after pouring kerosene oil. The Court found no reason for doubting the dying declaration made by the deceased as there was no cogent evidence to establish any material discrepancies. Accordingly, the appeal was dismissed and conviction of the appellant by the trial court was upheld.

Read the Judgment

Knowledge and content of about almost all their respective descriptions are borrowed from law-related blogs and websites, we, therefore, wish to give proper credit to all the respective law-related blogs and websites like LiveLaw, Bar and Bench, LatestLaws, PathLegal, FirstLaw, Lawctopus, IndianKanoon, Manupatra, LegallyIndia etc.. Many of the judgments are also taken from them websites of Hon'ble Supreme Court and other respective Hon'ble High Courts!

Formats for use
Please reload

Talk to our volunteer on our #Helpline

8882-498-498

Single Helpline Number For Men In Distress In India

Join our mailing list!  Stay up-to-date on upcoming projects, offers & events.

  • Follow Daaman on Facebook
  • Follow Daaman on Twitter

© 2018 Daaman Welfare Society & Trust.

All rights reserved.

Beware, anyone can be a victim of gender bias in society and laws! 

Don't wait: Schedule a conversation with a trusted, experienced Men's Rights Activist to find out how only awareness is the key to fight and remove prevailing gender bias against men in society.