dying declaration Archives

Ori HC | Comprehensive Principles governing “Dying Declaration” and “Remission of Sentence” reiterated; Appeal dismissed

Orissa High Court: A Division Bench of S.K Mishra and Savitri Ratho JJ. dismissed the appeal and directed to adjudication application for

Case Briefs High Courts

All HC | Court should not be too technical when it feels convinced about trustworthiness of dying declaration, which if inspires confidence, can be acted upon, without any corroboration

Allahabad High Court: The Division Bench of B. Amit Sthalekar and Shekhar Kumar Yadav, JJ., held that dying declaration can be acted upon

Legislation Updates Notifications

Mandatory action by police in cases of crime against women: Advisory by MHA

Government of India has taken steps to strengthen legislative provisions to deal with incidents of sexual offences against women and girls. Government

Case Briefs High Courts

Bom HC | Act of pouring kerosene on the person of deceased and setting her on fire amounts to culpable homicide amounting to murder

Bombay High Court: A Division Bench of S.M. Gavhane and T.V. Nalawade, JJ., while partially allowing the appeal, held that, “…with regard to

Case Briefs High Courts

Bom HC | “Person who pours kerosene on someone and sets him on fire has no right to say that he had no knowledge that it would cause death” – Conviction under S. 302 IPC upheld

Bombay High Court: A Division Bench of M.G. Sewlikar and T.V. Nalawade, JJ., upheld the decision of the trial court to convict

Case Briefs High Courts

Bom HC | “Conduct cannot be seen divorced from totality of circumstances”; Conviction altered from S. 302 to 304 Part-II IPC

Bombay High Court: A Division Bench of Ranjit More and Surendra P. Tavadae, JJ., while disposing of the present appeal altered the

Case Briefs High Courts

Bom HC | Murder convict set free where dying declaration had deceased’s thumb impression with clear ridges despite 100 percent burn injuries

Bombay High Court: A Division Bench of P.N. Deshmukh and Pushpa V. Ganediwala, JJ., allowed a criminal appeal filed against the order

Case Briefs High Courts

Raj HC | Conviction on the basis of dying declaration upheld where it inspired confidence

Rajasthan High Court: A Division Bench of Sabina and Goverdhan Bardhar, JJ., while dismissing the appeal upheld the judgment passed by the

Case Briefs High Courts

Chh HC | FIR registered by victim is admissible as dying declaration if the victim dies before examination in Court

Chhattisgarh High Court: Prashant Kumar Mishra, J. disposed of a criminal appeal where he altered the conviction of the appellant from the one

Case Briefs Foreign Courts

Pak SC | Dying Declaration: Exception to direct rule of evidence – requires demonstration of no extraneous prompting by anyone to declarant

Supreme Court of Pakistan: A Full Bench of Manzoor Ahmad Malik, Syed Mansoor Ali Shah and Qazi Muhammad Amin Ahmed, JJ. set

Case Briefs High Courts

All HC | Dying Declaration: Administration of oath to the deceased before recording his declaration, does not render its credibility doubtful

Allahabad High Court: A Division Bench of Pritinker Diwaker and Ali Zamin, JJ. dismissed an appeal filed by the accused and held

Case Briefs High Courts

Tri HC | “Executive Magistrates and doctors not well trained in technical aspects of recording dying declaration”: rational approach for administering justice to be recorded

Tripura High Court: A Division Bench of S. Talapatra and Arindam Lodh, JJ. dismissed an appeal filed against the decision of the Sessions

Case Briefs High Courts

Bom HC | Conviction on basis of dying declaration to be only after strict scrutiny as accused has no opportunity to cross-examine deceased

Bombay High Court: A Bench of B.P. Dharmadhikari and Prakash D. Naik, JJ. allowed a criminal appeal and set aside the decision of

Case Briefs High Courts

Bom HC | In-laws acquitted of offences under Ss. 306 and 498-A, veracity of dying declaration of deceased doubted

Bombay High Court: In absence of convincing evidence for sustaining the conviction of the appellants (in-laws), Sadhana S. Jadhav, J. reversed the trial

Case Briefs Supreme Court

Courts can’t assume fabrication of dying declaration by IO in absence of proof

Supreme Court: The bench of MM Shantanagoudar and Dinesh Maheshwari, JJ has held that it cannot be laid down as an absolute

Case Briefs High Courts

Witnesses turning hostile common in criminal cases is not a ground for letting accused go scot free in presence of other supporting evidence

Delhi High Court: A Division Bench of the Delhi High Court comprising of Sunil Gaur and Pratibha M. Singh JJ., dismissed an

Case Briefs Supreme Court

Mechanical approach in relying on dying declaration needs to be avoided

Supreme Court: Asking the Courts to be careful while dealing with dying declarations, the Court held that a mechanical approach in relying