The Apex Court further observed: The statement of doctor was that deceased became semi-conscious when the last question was put to him. The appeal preferred by the accused was allowed by the High Court and his conviction and sentence was set aside. The evidence of a fact is that which goes to prove it-something which would satisfy an inquirer of the facts' existence. Dying declaration is in any case a weak kind of evidence being not tested by cross-examination and the only good reason for accepting it usually is the feeling that the person in immediate danger of death is unlikely to speak a falsehood. In the present case, the reason given by the High Court is that the dying declaration was not in question-answer form. Dying declaration becomes unreliable if it is not as per prosecution version.
The Emperorwhich creates a sanction equal to the obligation of an oath. Hence, it is admissible under section 6 of the Evidence Act. Cross-examination Not performed Done 5. When proving a dying declaration the Magistrate need not repeat the record seriatim in his evidence. The requirement of corroboration is included in the rule in order to effect an accommodation between these competing considerations.
But in an Allahabad case, it was held that a dying declaration recorded by a Magistrate can be tendered in evidence without the Magistrate who recorded it, being called, by virtue of Section 80 of the Indian Evidence Act. They say that the proponent of the evidence must show that death actually occurred. Such statement made by the deceased is commonly termed as dying declaration. Whenever this is being recorded in the form of questions and answers precaution should be taken that exactly what questions are asked and what answers are given by the patient those should be written. Held, statement of deceased could not be relied upon. No rigid rule can be laid down that the person under immediate apprehension of death would utter nothing but truth. Testimony that: A was given as a witness at a trial, hearing, or lawful deposition, whether given during the current proceeding or a different one; and B is now offered against a party who had — or, in a civil case, whose predecessor in interest had — an opportunity and similar motive to develop it by direct, cross-, or redirect examination.
In the instant case, the appellant did not even make an effort to bring the case within any of the four exceptions enumerated in section 300. Three aspects have to be considered pertaining to the above intent of evidence. The rule contains no requirement that an attempt be made to take the deposition of a declarant. According to Calcutta High Court, it is not permissible to accept a declaration in one part and reject the other part. Such a reflex action performed by her had mitigated the conflagration of the flames but did not save her from the fatality of the calamity. This declaration is valid both in civil and criminal cases whenever the cause of death comes into question.
According to Bombay High Court, dying declaration is a weaker type of evidence and require corroboration. Dying declaration should be recorded by the executive magistrate and police officer to record the dying declaration only if condition of the deceased was so precarious that no other alternative was left. One of them indicated the incident as an accident. Hence it may be argued that former testimony is the strongest hearsay and should be included under Rule 803, supra. The balancing of self-serving against dissenting aspects of a declaration is discussed in McCormick §256. Both the statements and F. Where the bride recorded two declarations, one to a police officer and other to a Magistrate, they being similar in material factors, evidence accepted though minor discrepancies were there.
§20—4—804 4 ; West's Wis. We shall first endeavour to deal with the veracity of determination rendered by the High Court on the basis of the decision of the Division Bench of the High Court in Deorao Sonbaji Bhalerao's case supra. Exclusion of his statement would tend to defeat the ends of justice. The general ground of admissibility of the evidence referred to in these sections is that no better evidence can be produced. Or has become incapable of giving evidence, or cannot be called as a witness without an amount o. First information report got recorded by the police has been taken as dying declaration by the Honorable Supreme Court, when the person did not survive to get his dying declaration recorded. In India the law of evidence as applied in judicial proceedings is mainly contained in the Indian Evidence Act 1872.
Hence this appeal by him was as of right. He then ignited the kerosene, resulting in the clothing worn by Nalu Sunil Potdukhe in catching fire. When there is nothing to show that the injury to which a statement related was the cause of the injured person's death, or the circumstances under which it was received resulted in his death, the statement is not admissible under section 32 i , Evidence Act. Best form of dying declaration is in the form of questions and answers. Vitamin A There are two types of vitamin A Retinoids and provitamins Carotenoids. The second Para of the sub section makes it abundantly clear that the statement is admissible in civil as well as criminal proceedings and it is not necessary that the Person making the statement should be apprehending death at the time of making the statement Thus, it may be noted that, the Indian law as to admissibility of dying declaration makes a departure from the English law inasmuch as it is not limited to the cases of homicide and the restriction of expectation of death has not been recognized.
Merely stating that patient was fit will not serve the purpose. This notice must be given sufficiently in advance of the trial or hearing to provide any adverse party with a fair opportunity to prepare the contest the use of the statement. It was contemplated that the result in such cases as Donnelly v. But in the court question does arise if a person who can sign puts a thumb impression. The Committee, however, recognized the propriety of an exception to this additional requirement when it is the declarant's former testimony that is sought to be admitted under subdivision b 1.