AIR 1979 SUPREME COURT 1347 ::1978 CriLR(SC&MP) 660 ::1979 SCC(Cri) 722 ::(1979) 1 SCWR 301 ::(1979) SC Cr R 323 ::(1978) CurLJ(CCR) 295

Supreme Court Of India

(From : Punjab and Haryana)

Hon'ble Judge(s): Jaswant Singh, O. Chinnappa Reddy , JJ

(A) Evidence Act (1 of 1872) , S.32— Dying declaration - Need not have been made in expectation of death. (Para 4) Anno : AIR Manual (3rd Edn.), Evidence Act, S. 32, N. 9. (B) Evidence Act (1 of 1872) , S.32— Dying declaration - Wealth of detail does not necessarily lead to the inference of the declaration being fabricated. It may be in certain situation the very wealth of detail in a statement attributed to a dying man may arouse suspicion. On the other hand the circumstance that a statement contains a wealth of details cannot necessarily lead to the inference that the statement is a fabricated one.(Para 4) Anno : AIR Manual (3rd Edn.), Evidence Act, S. 32, N. 16, 21. (C) Evidence Act (1 of 1872) , S.32— Dying declaration - Substance of the maker written in words of the writer attaches no infirmity. The Head Constable who recorded the dying declaration had stated in his evidence that he put questions to the deceased and recorded his answers. He stated that he recorded what the deceased stated, 'in his own way'. It does not mean that he recorded something other than what the dec....