Evidence Act, 1872 — Section 32(1) — Dying declaration — Procedure for recording,

August 26th, 2013

Evidence Act, 1872 — Section 32(1) — Dying declaration — Procedure for recording, Developed by judicial pronouncements — Held, there is no statutory prescription as to in what manner or the procedure to be followed for recording a dying declaration to fall within the four corners of Section 32(1) of the Evidence Act — Presence of Magistrate; certification of the doctor as to the mental or the physical status of the person making the declaration, were all developed by judicial pronouncements.

Khushal Rao vs. State of Bombay, AIR 1958 SC 22, In re, Guruswami Tevar, ILR 1940 Mad 158: AIR 1940 Mad 196, Mohamad Arif vs. Emperor, AIR 1941 Pat. 409 & Gulabrao Krishnajee vs. Emperor, AIR 1945 Nag. 153, Referred.

(Para 18)

Rafique v. State of Uttar Pradesh[Bench Strength 2], Criminal Appeal No. 752/2008(02/07/2013), 2013(7) SCALE 708: 2013(6) SLT 269: 2013(5) Supreme 337 [B.S. Chauhan, J.: Fakkir Mohamed Ibrahim Kalifulla, J.]

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