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Supreme Court Of India

(From : 1998 Cri LR (Rajasthan) 725)

Hon'ble Judge(s): K. T. Thomas, R. P. Sethi, S. N. Phukan , JJJ

(A) Evidence Act (1 of 1872) , S.32— Penal Code (45 of 1860) , S.302— Dying declaration - Admissibility in evidence - Is based on principle that "a man will not meet his maker with a lie in his mouth" - Conviction for murder when can be based solely on dying declaration - Legal maxim - "Nemo moriturus praesumitur mentire." The admissibility of the dying declaration rests upon the principle that a sense of impending death produces in a man's mind the same feeling as that of a conscientious and virtuous man under oath - Nemo moriturus praesumuntur mentire. Such statements are admitted, upon consideration that their declarations made in extremity, when the maker is at the point of death and when every hope of this world is gone, when every motive to falsehood is silenced and the mind induced by the most powerful consideration to speak the truth. The principle on which the dying declarations are admitted in evidence, is based upon the legal maxim "Nemo moriturus praesumitur mentire" i.e., a man will not meet his maker with a lie in his mouth. It has always to be kept in mind that though a dying declaration is entitled to great weight, yet it is worthwhile to note that as the maker of the statement is not subjected to cross-examination, it is essential for the Court to insist that dying declaration should be of such nature as to inspire full confidence of the Cou....