6/15/2023 0 Comments Recordit v0.2She was unable to speak but conscious and able to make gestures and signs. She was again questioned by the sub-inspector, deputy magistrate and subsequently by the assistant surgeon. When Dulari was taken to the police station, she was questioned by her mother in the presence of a sub-inspector. The post-mortem report shows that the windpipe and the anterior wall of the gullet had been cut through. It seems that one-morning dulari with her throat cut was taken to the police station and from there to the dispensary. That he had murdered one DULARI, a prostitute by cutting her throat through RAZOR. Abdullah the appellant was charged with the offence of murder before the court of session. Let us discuss some of the types in the elaborative form: Gesture and Signs When a magistrate records the dying declaration, then it should be in Question-Answer form as the magistrate will opt the maximum information rightly, as in some cases dying declaration becomes the sole way to help in the conviction of the accused. Possibly the declaration should be in written form in the exact words stated by the person who made the statement. However, there must be a distinct and definite assertion on the part of the person who produces the statement. it can be Oral, Written, Gestures & Signs, Thumb impression, Incomplete and can also be in the form of Question Answer. There is no particular form to be employed in making the Dying Declaration. Hence, the Dying Declaration is Admissible and considered as Evidence in Court, and can be used as a weapon to punish the culprit. More precisely in our Indian law, it is the fact that the dying man can never lie or Truth sits on the lips of dying man. The reason behind this can be followed by Latin maxim Nemo Mariturus Presumuntur Mentri which means that “Man Will Not Meet His Maker With Lying On His Mouth. The statement made by the deceased person will be treated as Evidence and Admissible in a Court of law. Such statements made by the person are relevant whether the person who made them was alive or was not, at the time when they were made, under the expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question. In Section 32 (1) of Indian Evidence Act defines when the statement is made by the person as the cause of his death, or as any of the circumstances of the transaction which resulted in his loss of life, in cases in which the cause of that person’s death comes into question. The word Dying Declaration explain the word itself. Declaration made by the deceased person can be in oral, written and by conduct. The person who is conscious of Compos Mentis and knows that death is about to happen can make a declaration and state the cause of his death and that statement will be Admissible and treated as Evidence in the Court. Hence, the only statement given just before the death of a person is called Dying Declaration. The statement given by the dying person can be circumstantial or tells the cause for his death. That condition is Dying Declaration.ĭying Declaration is a statement made by the person while he was dying and states the reason for his death. In order to prove their positions, and make one’s story to be true, they give Statements to judge but their story one can not rely on the veracity of statements which they made to support their stories, as it may be prejudiced or untrue so generally, the role of Witness becomes crucial to determine the truth.īut there is a condition when the statement made by the person to be treated as true evidence in spite of the fact that he made the statement in his own favour and hardly any doubt behind the reason for that statement. the Accused, who commit the offence and the other one is Victim, with whom offence had been committed. Whenever any offence has been committed, there is always the two persons, who voraciously knew what actually happened i.e. Dying Declaration should be free and spontaneous.Statement is not relevant to the cause of the death.Absence of medical statement of fitness.Identification through dying declaration.Comparison Between Dyeing & deposition declaration. Dying declaration Case laws and landmark Judgments.Distinction between Indian and English law.Criticism of dying declaration doctrine.Recorded by the doctor or a police officer.Who should record the dying declaration?.Fitness of the declarant should be examined.Reason for admitting dying declarations in evidence.
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