State of Madhya Pradesh vs. Dal Singh & Ors, Criminal Appeal No. 2303 of 2009, Decided on
May 21, 2013
The Hon’ble
Supreme Court held that:
“The law on the issue can be
summarised to the effect that law does not provide who can record a dying
declaration, nor is there any prescribed form, format, or procedure for the
same. The person who records a dying declaration must be satisfied that the
maker is in a fit state of mind and is capable of making such a statement.
Moreover, the requirement of a certificate provided by a Doctor in respect of such
state of the deceased, is not essential in every case. Undoubtedly, the subject
of the evidentiary value and acceptability of a dying declaration, must be
approached with caution for the reason that the maker of such a statement
cannot be subjected to cross-examination. However, the court may not look for corroboration
of a dying declaration, unless the declaration suffers from any infirmity.”
[Para 14]
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