Friday, November 26, 2010

Whether a dying declaration can be the sole basis for conviction?

In Puran Chand v. State of Haryana, 2010 (6) SCC 566, it was held that: "15. The courts below have to be extremely careful when they deal with a dying declaration as the maker thereof is not available for the cross- examination which poses a great difficulty to the accused person. A mechanical approach in relying upon a dying declaration just because it is there is extremely dangerous. The court has to examine a dying declaration scrupulously with a microscopic eye to find out whether the dying declaration is voluntary, truthful, made in a conscious state of mind and without being influenced by the relatives present or by the investigating agency who may be interested in the success of investigation or which may be negligent while recording the dying declaration......... 18. The law is now well settled that a dying declaration which has been found to be voluntary and truthful and which is free from any doubt can be the sole basis for convicting the accused. ......... " In the matter of Chirra Shivraj v. State of Andhra Pradesh dated 26-11-2010 the Hon’ble Supreme Court relied upon the above said decision of this court and held that “ it cannot be said that on the sole basis of dying declaration the order of conviction could not have been passed”.

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