Supreme Court of India
Shudhakar v. State of M.P.
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5 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the above, we reach the following inescapable conclusions on the questions of fact: (c) The second dying declaration was recorded by a police officer on the instruction of the Superintendent of Police after getting a certificate of fitness from the doctor, which is corroborated by the medical evidence and is free from any suspicious circumstances.
Judgment, page 25
From the headnote
Evidence Act, 1872 - s.32 - Multiple dying declarations - Which one should be believed by the Court - Principles governing such determination - Death of appellant's wife due to severe burn injuries - Deceased made three dying declarations - Naib Tehsi/dar, DW1, recorded the first dying declaration wherein deceased stated that she received the burn injuries from a stove while cooking food - Second and third dying declarations were recorded by Tehsi/dar (PW9) and Sub-Inspector (PW?), respectively, in both of which deceased stated that appellant had put kerosene oil on her and set her on fire
Authorities it was built on
- 2012 Bhajju @ Karan Singh v. State of M.P.
- 2010 Lakhan v. State of M.P.
- 2010 Chirra Shivraj v. State of Andhra Pradesh
- 2008 Sher Singh & Anr. v. State of Punjab
- 2004 Muthu Kutty and Anr. v. State by Inspector of Police, Tamil Nadu
- 1995 M/s Kabari Pvt. Ltd. v. Shivnath Shroff and Ors.
- 2007 State of Rajasthan v. Wakteng
Where later benches applied it
- 2024 Rajendra S/o Ramdas Kolhe v. State of Maharashtra
- 2022 Uttam v. The State of Maharashtra
- 2022 Makhan Singh v. The State of Haryana
- 2016 Raju Devade v. State of Maharashtra
- 2017 Mukesh & Anr. v. State for Nct of Delhi & Ors.
Of those, 2 relied on · 2 referred to · 1 mentioned
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