Evidence Act, 1872
Section 32—Dying declaration—Evidentiary value—Weight and utility of a dying declaration depend upon the surrounding circumstances and the credibility which the court attaches to it, having regard to the evidence led before it—Therefore, whether it is essential to have medical certification before the statement is recorded, who records it, etc. are all fact dependent, and no stereotypical approach can be adopted—It is necessary to consider the evidentiary value of the dying declaration, which was relied on by the prosecution to convict the appellant.
[Paras 14 to 17
Section 32—Multiple dying declaration—Credibility—Where the deceased had been a victim of burns and had succumbed to burn injuries and had prior to death made more than one dying declaration, the test of credibility having regard to the overall facts on record has to be adopted.
[Para 19]
Indian Penal Code, 1860
Section 498A—Dowry harassment—Conviction—Deceased died due to burn injuries—Cumulative weight of evidence relied upon by the High Court needs to be examined to ascertain whether the appellant (husband of deceased) is guilty of the offence he stands convicted for, i.e., Section 498A IPC—Second dying declaration is the only piece of evidence which names the appellant as one of the perpetrators of cruelty on the deceased along with the other accused—Only evidence against appellant (husband of deceased) i.e. second dying declaration was discredited by the High Court—No other evidence to sustain the conviction of appellant—Conviction set aside.
[Paras 20 & 21]