Section 32
Evidence Act
Evidence Act Section 32
No evidence about the fitness of mind of the deceased to make the dying declaration including the presence of the Doctor
Penal Code, 1860 (IPC) - Sections 34, 498A and 302 - Evidence Act, 1872 - Section 32 - Appeal against acquittal - Dying declaration - Deceased suffered 95% burn injuries - There is no eye-witness account - Absence of certificate by the Doctor that the deceased was in a fit state of mind when she made the dying declaration - Considering that the statements of the deceased have vacillated, there is no evidence about the fitness of mind of the deceased to make the dying declaration including the presence of the Doctor, the veracity and truthfulness of the dying declaration remains suspect - It would not be safe to simply reject the probable defence of suicide, to reverse the acquittal and convict the respondents.
Consciousness and fitness of state of mind to make a statement.
Evidence Act, 1872, Section 32 - Admissibility of dying declaration - Consciousness and fitness of state of mind to make a statement.
Held,
"9. It is true that the medical officer Dr K. Vishnupriya Devi (P.W. 10) at the end of the dying declaration had certified "patient is conscious while recording the statement". It has come on record that the injured Smt Venkata Ramana had sustained extensive burn injuries on her person. Dr P. Koteswara Rao (P.W. 9) who performed the post-mortem stated that the injured had sustained 90% burn injuries. In this case as stated earlier, the prosecution case solely rested on the dying declaration. It was, therefore, necessary for the prosecution to prove the dying declaration as being genuine, true and free from all doubts and it was recorded when the injured was in a fit state of mind. In our opinion, the certificate appended to the dying declaration at the end by Dr Smt K. Vishnupriya Devi (P.W.10) did not comply with the requirement inasmuch as she has failed to certify that the injured was in a fit state of mind at the time of recording the dying declaration. The certificate of the said expert at the end only says that "patient is conscious while recording the statement". In view of these material omissions, it would not be safe to accept the dying declaration (Ex. P-14) as true and genuine and as made when the injured was in a fit state of mind. In medical science two stages namely conscious and a fit state of mind are distinct and are not synonymous. One may be conscious but not necessarily in a fit state of mind. This distinction was overlooked by the courts below."
Paparambaka Rosamma and others v. State of Andhra Pradesh, (1999) 7 SCC 695
There can be no rigid standard or yardstick for acceptance or rejection of a dying declaration.
Evidence Act, 1872, Section 32(1) - Dying declaration - Admissibility of - A dying declaration is admissible in evidence under Section 32 of the Indian Evidence Act, 1872 - It alone can also form the basis for conviction if it has been made voluntarily and inspires confidence - If there are contradictions, variations, creating doubts about its truthfulness, affecting its veracity and credibility or if the dying declaration is suspect, or the accused is able to create a doubt not only with regard to the dying declaration but also with regard to the nature and manner of death, the benefit of doubt shall have to be given to the accused - Therefore much shall depend on the facts of a case - There can be no rigid standard or yardstick for acceptance or rejection of a dying declaration.