Conviction valid solely on dying declaration: SC

Last Updated: Tuesday, November 30, 2010 - 00:56

New Delhi: The Supreme Court has ruled that
a person can be convicted on the basis of a dying declaration
as long as it was "trustworthy" even if other witnesses turn
hostile.

A Bench of Justices P Sathasivam and A R Dave in a
judgement also held that even if the police mistakenly record
a second FIR on the same case it does not in any manner cause
prejudice to the accused.

"If dying declaration is trustworthy and if it can be
shown that the person making the statement was not
influenced by any exterior factor and made the statement
which was duly recorded, it can be made a basis for
conviction.”

"On perusal of the record, we find that in the instant
case there was no doubt with regard to the truthfulness of the
dying declaration and, therefore, in our opinion, it cannot be
said that on the sole basis of dying declaration the order of
conviction could not have been passed," Justices Dave writing
the judgement said.

The apex court passed the judgement while dismissing
Chirra Shivraj`s appeal, convicted under Section 304 Part
II(culpable homicide not amounting to murder) IPC and sentenced
to 5 years SI by a sessions court in Andhra Pradesh`s
Nizambad district for causing the death of his sister-in-law
Chirra Shantha over a property dispute.

PTI



First Published: Tuesday, November 30, 2010 - 00:56

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