Evidence Act, 1872
Section 32—Dying declaration—Admissibility—While in terms of Section 32 of the Evidence Act, dying declarations are admissible, but the weight and evidentiary value to be attached to the dying declarations would depend upon facts of each case.
Held : In cases where dying declaration is reliable and inspires confidence as to its correctness, being a substantive piece of evidence, the dying declaration can form basis of conviction. These are cases where there are reasons and grounds to accept veracity of the statement, coupled with the factor that a person who is on death bed is not likely to falsely implicate an innocent person. However, the court, when in doubt as to the veracity or correctness, can and should seek corroboration, keeping in mind the fact that the accused have no chance of cross-examination. Further, it is necessary to guard and ensure that the statement made by the deceased is not a result of tutoring, prompting or imagination.
[Para 5]
Indian Penal Code, 1860
Section 302 read with Section 34—Murder with common intention—Dying declaration—Reliability—Several gaps and contradictions in dying declaration makes its veracity and correctness doubtful insofar as it implicates the appellants—Appellants entitled to benefit of doubt—Conviction set aside.
[Paras 5 & 16]
Decision : Appeal allowed