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Dying Declaration Cannot Be Discarded Merely Because Relatives Of Deceased Were Present In Hospital While Recording It: Supreme Court

Team SoOLEGAL 5 Mar 2021 3:36pm

Dying Declaration Cannot Be Discarded Merely Because Relatives Of Deceased Were Present In Hospital While Recording It: Supreme Court

On 3rd March, 2021, Supreme Court while hearing an appeal filed by the murder accused, had held that, a dying declaration cannot be rejected just because, the family and relatives of the deceased person were present at the time of recording the declaration. The Court was of the view that, it is natural that the parents and the relatives will be present in the hospital when this type of incident is happening and just because they were present in the hospital it does not form an appropriate ground to disbelieve the dying declaration.

According to the declaration which was recorded by the Judicial Magistrate, the deceased had stated that, the accused had poured kerosene oil over her body and lit the fire. The accused had contended that, as at the time of declaration her family members were present hence, the deceased was tutored. The accused had also contended that, the deceased had tried to commit suicide and he tried his best to save her by extinguishing the fire. The Magistrate had clearly stated that, the relatives of the deceased were not present at the time when dying declaration was recorded.

The Court had held that, just because the parents and relatives of the deceased were present when the statement of deceased was recorded, it does not mean that, the said statement was a tutored one. The Court by rejecting the appeal had stated that, if dying declaration is viewed in conjunction with the testimony of other witnesses, it clearly sets out the guilt of the accused beyond reasonable doubt.



Tagged: Supreme Court   Judicial Magistrate   family court   high court  
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