Supreme Court of India
Makhan Singh v. The State of Haryana
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What the Court ordered
In view of the above, the law on the issue of dying declaration can be summarised to the effect that in case the court com es to the conclusion that the dying declaration is true and reliable, has been recorded by a person at a time when the deceased was fi t physically and mentally to make the declaration and it has not been made under any tutoring/duress/prompting; it can be the sole basis for recording conviction.
Judgment, page 6
From the headnote
Evidence – Two dying declarations – In first dying declarat ion recorded by DW-1, deceased exonerated appellant and his family – However, in the second dying declaration recorded b y PW-6, deceased implicated appellant and his parents – Tri al Court convicted appellant u/s. 304- of the IPC and sentenced him t o 10 years rigorous imprisonment – High Court reduced th e sentence from 10 years to 7 years – On appeal, held: In the first dying declaration, PW1-doctor had examined deceased whether sh e was in fit state of mind and conscious to make statemen t – After certification, DW-1 also
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