HC on Dying Declaration: Kerala High Court Says Dying Declaration Can Be Sole Basis for Conviction if Made in ‘Fit Mental State’ and Inspires Confidence of Court
The court also said it is for the court to determine whether the individual was in a fit state of mind from the evidence available on record. The court observed while hearing a case where an appellant was charged under Section 302 of IPC (murder) on the allegation that he killed his wife by setting her on fire.
The Kerala High Court recently said that a dying declaration provided by the victim can be the sole basis of conviction if made in a "fit state of mind". The court also said it is for the court to determine whether the individual was in a fit state of mind from the evidence available on record. The court observed while hearing a case where an appellant was charged under Section 302 of IPC (murder) on the allegation that he killed his wife by setting her on fire. The accused was sentenced to life imprisonment and to pay a fine of Rs. 50,000. As per a report in Live Law, statements of the victim's mother and the SHO of Thirunelli police station were treated as dying declarations under Section 32(1) of the Evidence Act against the appellant. HC on Sexual Assault: Not Just Women, Victims of Sexual Assault Can be Men as Well, Says Kerala High Court.
HC on Dying Declaration
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