Devkaran Vs. State of M.P.

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

Criminal Appeal, 333 of 2008, Judgment Date: Aug 18, 2021

Law laid down -

(A) Conviction only on the basis of dying declaration recorded under Section 32 of Evidence Act – Before convicting only on the basis of dying declaration, the Court must act with prudence and due caution and care and in case doubt arises, then it is an obligation to closely scrutinise all the relevant attendant circumstances. Judgments relied upon :–

(1) Khushal Rao Vs. State of Bombay [AIR 1958 SC 22].

(2) Panchdeo Singh Vs. State of Bihar [AIR 2002 SC 526].

(3) Tapinder Singh Vs. State of Punjab and another [1970(2) SCC 113].

(B) Evidentiary value of dying declaration of injured who has survived – Such statements are inadmissible under Section 32 of Evidence Act but can be used for corroboration under Section 157 of the Evidence Act or for contradiction under Section 155 of the Evidence Act. Judgment relied upon :–

(1) Ramprasd Vs. State of Maharashtra [(1999) 5 SCC 30].

Devkaran Vs. State of M.P.