Supreme Court of India Judgements

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Category: Dying Declaration

Acquittal Dying Declaration

Criminal Law — Investigation — Overzealous or lethargic investigation can be fatal to prosecution — A proper investigation requires drawing up a scene mahazar, forensic examination, independent witnesses, and thorough examination of the cause of fire — The failure to do so, coupled with contradictory statements from the investigating officer and undue haste in recording statements, can render the investigation a sham and prejudice the accused — Acquittal upheld by the Supreme Court due to flawed investigation and lack of credible evidence.

Mar 14, 2026 sclaw

2026 INSC 223 SUPREME COURT OF INDIA DIVISION BENCH SANJAY KUMAR SHARMA Vs. STATE OF BIHAR AND OTHERS ( Before : Sanjay Kumar and K. Vinod Chandran, JJ. ) Criminal…

Dying Declaration I P C

Penal Code, 1860 (IPC) — Section 302 — Murder — Dying declaration — Admissibility and weight — A dying declaration can be the sole basis for conviction if it is voluntary, truthful, and reliable, even without corroboration. The court must scrutinize it carefully for tutoring or manipulation and consider the declarant’s opportunity to observe and identify the assailant and their fitness to make the statement.

Jan 18, 2026 sclaw

2026 INSC 57 SUPREME COURT OF INDIA DIVISION BENCH STATE OF HIMACHAL PRADESH Vs. CHAMAN LAL ( Before : B.V. Nagarathna and R. Mahadevan, JJ. ) Criminal Appeal No. 430…

Dying Declaration

The main legal issues are whether the dying declaration is reliable, voluntary and free from tutoring, and whether it can be the sole basis of conviction without any corroboration – The Supreme Court upheld the conviction of Pappi @ Mashkoor based on the dying declaration, which was found to be cogent, trustworthy and consistent – However, the Court acquitted ‘N1’ and ‘N2 as the dying declaration did not attribute any specific role to them.

Mar 9, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NAEEM — Appellant Vs. STATE OF UTTAR PRADESH — Respondent ( Before : B.R. Gavai and Sandeep Mehta, JJ. ) Criminal Appeal No. 1978…

Dying Declaration

Penal Code, 1860 (IPC) – Section 302 read with Section 34 – Murder – Dying declaration – There is no specific material piece of evidence to establish that the deceased was alive or in a position to speak when his brother & mother reached the spot – There is no material to corroborate the said dying declaration – Conviction and sentence is set-aside – Appeal allowed.

Jan 14, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JITENDRA KUMAR MISHRA @ JITTU — Appellant Vs. THE STATE OF MADHYA PRADESH — Respondent ( Before : Abhay S. Oka and Pankaj Mithal,…

Acquittal Dying Declaration

Penal Code, 1860 (IPC) – Evidence Act, 1972 – Section 32 – Murder by poisoning – Dying declaration – A statement made by a person who is dying is made exception to the rule of hearsay and has been made admissible in evidence under Section 32 of the Evidence Act, it would not be prudent to base conviction, relying upon such dying declaration alone – Conviction and sentence set-aside – Appeal allowed.

Nov 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HARIPRASAD @ KISHAN SAHU — Appellant Vs. STATE OF CHHATTISGARH — Respondent ( Before : Bela M. Trivedi and Dipankar Datta, JJ. ) Criminal…

Dying Declaration I P C

Murder of wife – First Information Report and the dying declarations on record clearly contain the statement of the deceased that when she had poured kerosene upon herself to deter the appellant from fighting and assaulting, he lighted a matchstick and with the intention to kill her, threw it upon her by saying “You Die” – Conviction and Sentence upheld.

Nov 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ANIL KUMAR — Appellant Vs. THE STATE OF KERALA — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ. ) Criminal Appeal…

Acquittal Dying Declaration

There is no hard and fast rule for determining when a dying declaration should be accepted; the duty of the Court is to decide this question in the facts and surrounding circumstances of the case and be fully convinced of the truthfulness of the same – although the accused has been named in the two dying declarations as a person who set the room on fire yet the surrounding circumstances render such statement of the declarants very doubtful – Appellant directed to be released – Appeal allowed.

Aug 27, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH IRFAN @ NAKA — Appellant Vs. THE STATE OF UTTAR PRADESH — Respondent ( Before : B.R. Gavai, J.B. Pardiwala and Prashant Kumar Mishra,…

Dying Declaration

Multiple dying declarations – in case the court comes to the conclusion that the dying declaration is true and reliable, has been recorded by a person at a time when the deceased was fit 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 – In such an eventuality no corroboration is required

Dec 26, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJARAM — Appellant Vs. STATE OF MADHYA PRADESH AND OTHERS — Respondent ( Before : S. Ravindra Bhat and Sudhanshu Dhulia, JJ. ) Criminal…

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