Examination Of Person Who Recorded Dying Declaration Essential: Supreme Court

The Supreme Court recently laid down all the questions to be asked, the considerations to be kept in mind while deciding the weightage to be awarded to a dying declaration. The Court recognized the inherent value of a dying declaration but found several glaring issues that cast doubt on the reliability of the declaration used as evidence in this particular case.It observed “In the case at hand, the court held that the dying declaration, although undoubtedly a substantive piece of evidence upon which reliance can be placed, in the present facts is rendered nugatory as the person who took down such declaration was not examined, nor did the police officer (PW19) endorse the said document with details of who took down the declaration. It is also not clear as to in front of which of the relatives of the deceased was the same was taken down.”The Supreme Court bench comprising Justices Abhay S. Oka and Justice Sanjay Karol was hearing an appeal against a judgment of the Karnataka High Court which reversed the acquittal granted by the trial court and convicted the 6 appellants for offenses under Section 304 Part II IPC to undergo a sentence of rigorous imprisonment for 4 years while upholding the acquittal of the rest.This was a 1997case that revolved around an alleged armed attack on the deceased, Byregowda, and his brothers while they were working in the fields. Subsequently, an FIR (First Information Report) was registered under Section 120B, 143, 447, and 302 read with Section 149 of the Indian Penal Code (IPC). The trial court acquitted all the 29 accused persons. In the appeal, the HC found a clear-cut case against 6 accused(appellants) persons and convicted them under Section 304 Part II IPC to undergo a sentence of rigorous imprisonment for 4 years while upholding the acquittal of the rest.Aggrieved by the same, the convicts approached the Supreme Court.PRINCIPLES REGARDING DYING DECLARATIONS Section 32 of the Indian Evidence Act, 18723 relates to statements, written or verbal of relevant fact made by a person who is dead or who cannot be found, in other words, a dying declaration. A summary of the exhaustive principles is laid down here for quick reference-Circumstances disclosed in the dying declaration must have a proximate relation to the actual occurrenceIf a dying declaration inspires confidence, it can form the basis of conviction even without corroborative evidenceIf a dying declaration inspires confidence, it can form the basis of conviction even without corroborative evidenceCourt Must Ensure Deceased's Fit State of Mind for Dying DeclarationsIf there were witnesses who were present during the statement to prove that the deceased was indeed in a fit state of mind, their statements would prevail over medical evidence.The absence of a doctor's certificate regarding the "fit state of mind" of the declarant would not make the dying declaration inadmissible.In case of multiple dying declarations-Reliability and not plurality determine the evidentiary value.The presence of a magistrate is not a necessity but only a rule of prudenceDying declaration not to be discarded only due to brevityExamination of the person who reduced dying declaration into writing is essentialWhere the original recorded dying declaration is lost or unavailable, the prosecution is entitled to provide secondary evidence.A dying declaration must be free from tutoring, prompting, or imagination.The Court began by reaffirming the principle 'nemo moriturus praesumitur mentire,' as highlighted by a 5-judge bench in Laxman v. State of Maharashtra (2002) 6 SCC 710 that when a person is at the point of death, their statements are considered truthful due to the solemnity and lack of motive for falsehood.Circumstances disclosed in the dying declaration must have a proximate relation to the actual occurrenceThe judgment drew from the Privy Council's ruling in the case of Pakala Narayana Swamy v. Emperor AIR 1939 PC 47 [5 Judge Bench] which explained the “circumstances of the transaction”. It was held that the statements by the deceased about their intentions before the incident, such as their location, purpose, or the people they were meeting, are considered relevant circumstances of the transaction and may be admissible but General expressions of fear or suspicion are not.It added “It is not as broad as the analogous use in 'circumstantial evidence' which includes evidence of all relevant facts. It is on the other hand narrower than 'res gestae'. Circumstances must have some proximate relation to the actual occurrence.”Furthermore, the judgment cited the case of Sharad Birdhichand Sarda v. State of Maharashtra (1984) 4 SCC 116 [3 Judge Bench] which stressed that the test of proximity cannot be rigidly applied across all cases. It was of the view that a broader interpretation of Section 32 is designed to account for the diverse nature and character of Indian society, aiming to prevent injustice.If a dying declaration inspires confidence, it...

Examination Of Person Who Recorded Dying Declaration Essential: Supreme Court

Suraj Parmar

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