DYING DECLARATION IN BURN CASES

Dissertation submitted in part fulfillment for the requirement of the Degree of

LL.M

Submitted by Supervised by

AMIT SINGH Prof(Dr.) JAGBIR SINGH DAHIYA

NATIONAL LAW UNIVERSITY DELHI (INDIA) 2019 DECLARATION BY THE CANDIDATE

I hereby declare that the dissertation entitled “Dying declaration in burn cases” submitted at National Law University, Delhi is the outcome of my own work carried out under the supervision of Dr. Jagbir Singh Dahiya, Professor of Law, National Law

University, Delhi.

I further declare that to the best of my knowledge, the dissertation does not contain any part of the work, which has not been submitted for the award of any degree either in this

University or any other institutions without proper citation.

Amit Singh

Roll No.16 LL.M. 18

National Law University, Delhi

New Delhi

May 21, 2019

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CERTIFICATE OF SUPERVISOR

This is to certify that the work reported in LL.M. dissertation entitled “Dying

Declaration in burn cases”, submitted by Amit Singh at National Law

University, Delhi is a bonafide record of his original work carried out under my supervision.

Dr. Jagbir Singh Dahiya

Professor of Law

National Law University, Delhi

New Delhi

May 21, 2019

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ACKNOWLEDGEMENT

I feel proud to acknowledge the able guidance of my esteemed supervisor Prof. (Dr.) Jagbir Singh Dahiya, National Law University, Delhi, who helped me to complete my dissertation successfully. His mentorship is paramount in the successful completion of my work. His encouragement and valued suggestions are greatly appreciated for which my mere expression of thanks does not suffice.

I acknowledge with pleasure to thank the library and computer staff of the National Law University, Delhi for their assistance and support. This research work bears active encouragement and guidance of my friends and it would never have been possible to complete this study without an untiring support from my family.

I am greatly indebted to the various writers, jurists and all others from whose writings and literature, I have taken help to complete this dissertation.

Amit Singh

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LIST OF ACRONYMS & ABBREVIATIONS

AIR All India Reporter

Anr. Another

Cr. Criminal

Cri.L.J. Criminal Law Journal

HC High Court

NCT National Capital Territory

SC Supreme Court

SCC Supreme Court Cases

U.K United Kingdom

U.P Uttar Pradesh

U.S United States

V. Versus

Vol. Volume

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LIST OF STATUTES

1. The Indian Evidence Act, 1872. 2. The Indian Penal Code, 1860. 3. The Code of Criminal Procedure, 1973. 4. Protection of Women from Domestic Violence Act, 2005.

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LIST OF CASES

1. N Ram v. State, AIR 1988 SC 912: 1988 Cri LJ 1485 2. Khushal Rao v. State of Bombay, AIR 1958 SC p.22 3. Satishchandra v. State of Madhya Pradesh, 2014 6 SCC 4. State of U.P v. Krishangopal, AIR 1988 SC p.2154 – paragraph 13 5. Pakala Narayana Swami v. Emperor, AIR 1939 privy council 6. Laxman v. State of Maharashtra, AIR 2002 SC 2973 7. Paniben Smt. v. State of Gujarat, A.I.R 1992 S.C 1817= 1992 Cr. L. J 2919(S.C) 8. Kundanbala Subrahmanyam v. The State of Andhra Pradesh, 1993 SCC(2) 684 9. Padmaben Shamalbhai Patel v. the State of Gujarat, 1991 SCC(1) 744 10. Dalip Singh vs. The state of Punjab, (1979) 4 SCC 332a 11. Tapinder Singh v. State of Punjab, 1970 AIR 1566 12. Laxmi v. Om Prakash(2001) 6 SCC 118 13. Ram Nath Madho Prasad v. State of M.P AIR 1953 SC 420 14. Latoor Singh v. NCT of Delhi 2015 SCC Online Del 8103 15. Munnu Raja and ors v. State of M.P, 1976 AIR (SC) 2199

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TABLE OF CONTENTS

TITLE PAGE NO.

DECLARATION BY THE CANDIDATE I

CERTIFICATE OF SUPERVISOR II

ACKNOWLEDMENT III

LIST OF ABBREVIATION IV

LIST OF STATUTES V

TABLE OF CASES VI

TABLE OF CONTENTS VII

CHAPTER -1 1 - 7

INTRODUCTION 1

1.1 INTRODUCTION 1

1.2 LITERATURE REVIEW 2

1.3 STATEMENT OF PROBLEM 4

1.4 OBJECTIVES OF RESEARCH 5

1.5 RESEARCH QUESTIONS 5

1.6 SCOPE OF RESEARCH 6

1.7 RESEARCH METHODOLOGY 6

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1.8 CHAPTERIZATION 6

CHAPTER - 2 8 - 1 8

RATIONALE BEHIND DYING DECLARATION 8

2.1 RATIONALE 8

2.2 PROCEDURE 12

CHAPTER 3 19 - 2 6

DEMOGRAPHY AND MEDICO LEGAL ASPECTS IN THE HOMICIDAL, ACCIDENTAL OR SUICIDAL 19 NATURE OF BURNS

3.1 POSITION OF WOMEN 19

3.2 FIRE AND BURNS 20

3.3 DEMOGRAPHY 21

3.4 MEDICO LEGAL ASPECTS 22 CHAPTER - 4 27 - 3 9 DYING DECLARATION- APPLICATION, 27 PRECAUTIONS AND PRINCIPLES 4.1 APPLICATION AND RELIGION 27

4.2 APPLICATION AND PRECAUTIONS 30

4.3 APPLICATION IN CRIMINAL CASES 33

CHAPTER – 5 39-42

CONCLUSION 39

BIBLIOGRAPHY X-XI

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BOOKS X STATUTES X JOURNALS X ARTICLES XI

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CHAPTER 1

INTRODUCTION

1.1 INTRODUCTION

It has been an old-age adage that a person about to die never lies; he will speak the truth regardless. This old age adage comes from the maxim ―Nemo moriturus praesumitur mentire” meaningthat a person will not meet God by saying a lie with his mouth1. This old –age adage has been adopted in the criminal law system with the belief that a dying man will never lie about his killer; also it was within reason that if there is no witness the testimony of the dead man is needed to identify the killer. The criminal law system uses evidence to prove a case in the court and as a matter of law dying declaration has been given importance in the criminal system as evidence. Understanding the meaning of dying declaration is very important to understand its role in the criminal system. A dying declaration is termed in common law as ―Leterm Mortem‖ which literally means ―the statement made before death‖. As a matter, dying declaration falls within the ambit of hearsay evidence, however due to the fact that a dying declaration is just that; the last statement made by a dying person in relation with his death, it is accepted as evidence in a criminal court. The basic rationale is that there is less or no incentive for a person about to die to lie and more important the last words of the person are of utmost important as he would have knowledge about the events leading to his death or the cause of his death.2 Hence, even though the person cannot be examined on oath, the evidence given in person, a dying declaration carries weight and reliability in the court. The concept of dying declaration has evolved over time. The concept evolved in the medieval courts of Europe and was adopted by the common law courts3. The concept

1Shipra Arora, Dying Declaration Section 32(1) of Indian Evidence Act, (January 15,2019 10.00am) http://www.legalservicesindia.com/article/1682/Dying-Declaration-Section-32(1)-of-Indian-Evidence- Act.html, 2 Fordham Law Review, 1970, The Admissibility of Dying Declaration, Volume 38 Issue 3, Pg. 509 3Aviva A Orenstein, ―Her Last Words: Dying Declaration and Modern Confrontation Jurisprudence‖, Articles by Maurer Faculty, Paper 6, Maurer School of Law : Indiana University,2010, (January 17,2019 9.30 p.m)

1 then was adopted in various countries, especially the commonwealth countries. In India, Section 32 clause 1 of the Indian Evidence Act, 18724 makes any statement made by a dying person relevant and admissible in court of law if it is related to the cause or circumstances regarding his death. A catena of judgments has rendered dying declaration to be irrefutable evidence in criminal courts that cannot be demolished. A dying declaration has been laid much importance for identifying the offender and using as conclusive proof towards proving the guilt of the accused. Dying declaration has been considered critically important in burn cases. Many questions had arisen as to the admissibility and credibility of dying declaration in burn cases where the percentage of burns has been extensive. There have been many questions raised over the admissibility of dying declaration, its policy of admissibility, the correct procedure of recording dying declaration and others. More often than not in burn cases the most important question is if the degree of burn is more than 90% and the victim has sustained massive damage, whether the victim‘s dying declaration will be given credence and till whatextent. Recent judgement by Justice A.K Sikri and Amitava Roy in the case of Ramesh and ors v. state of haryana has put emphasis on that the percentage of burns suffered cannot be held as a determinative factor that would affect the credibility of the dying declaration5.

1.2 Literature Review

 Fordham Law Review, 1970,The Admissibility of Dying Declaration, is an article on the admissibility of dying declaration. The article also sees the admissibility and rationale of admitting dying declaration as evidence in criminal cases. The

https://www.repository.law.indiana.edu/facpub/6 4 Section 32 of The Indian Evidence Act, 1872 Cases in which statement of relevant fact by person who is dead or cannot be found, etc, is relevant: (1). When it relates to cause of death—When the statement is made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person‘s death comes into question. Such statements are relevant whether the person who made them was or was not, at the time when they were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question. 5K.Rajagopal, Dying Declaration Of Burn Victim Admissible: SC, The HINDU, (November 28, 2016) https://www.thehindu.com/news/national/article16712015.ece, (January 19, 2019, 2.30 p.m.)

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author does a critical appraisal of dying declaration and the weightage of it as evidence and its admissibility in the context of criminal cases in the United States. The article comes to the conclusion that dying declaration in criminal cases should be considered inadmissible because it is hearsay in nature and one so damaging yet difficult to demolish that it is damaging to the logical conclusion of the case.  Orenstein, Aviva. A, 2010, ―Her Last Words: Dying Declaration and Modern Confrontation Jurisprudence‖, is an expansive paper on importance of dying declarations in cases of domestic abuse. The paper is based on two issues the rights of the accused and the justice to the women who have been abused by their intimate partners. The paper discusses how it creates a juxtaposition between the rights of the accused when dying declaration (which is hearsay evidence) is admitted because of the belief that a dying man never lies and the getting justice for the victim whose final words if not counted as evidence, the case would never be proved for lack of evidence as most domestic violence happen in intimate scenarios or closed quarters.  Robert H. Klugman, 1949, ‗Some Factors Affecting the Admissibility of Dying Declarations', is an article on the factors that affect the admissibility and reliability of dying declaration. The articles illustrates and elaborates on the technical points which effect the admissibility of dying declaration and it points out the method through which dying declaration in admissible in the courts of United States.  Kumar Lohith, Kulbhushan, Behera C, Kumar Anil, 2014, Medico-Legal Aspects of Dying Declaration in India, discusses the importance of dying declaration in Indian Case and its medico legal aspects. The article is mainly focused on the ethical and the medico-legal requirements and aspects when a dying declaration is to be recorded from a victim. This paper also focuses on the effect of recording a dying declaration and its effect to the weightage of dying declaration as evidence in a criminal case.  Munnu Raja v. The State of Madhya Pradesh 1976 AIR 2199 deals with the issue of mental fitness required to make a dying declaration. It basically states that if

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mental fitness of a person who gives a dying declaration is not proved then the dying declaration so recorded would not be considered as dying declaration and would not be held credible in the court of law.  Vijay Pal Versus State (NCT) of Delhi 2015 (4) SCC 749 is a case decided by the Supreme Court of India on 10 March 2015. It is a leading case law where the victim was purported to be murdered by her husband by pouring kerosene oil and set ablaze and she gave dying declaration to her brother about the same. This case is important as it tests the weight of dying declaration against other evidence and the dying declaration stood true and the conviction of the accused stood upheld by the Supreme Court.  Jai Singh Prabhudas Modi, 1920, A Textbook of Medical Jurisprudence and Toxicology is a comprehensive book that details the medico –legal aspects of any injury. The book has detailed chapters on nature of injuries caused in cases and death from burns and post mortem. The chapter on death from burns has a detailed analysis to see the nature of burn injuries to ascertain whether the burns are homicidal in nature. The book also details on what amount of burn injuries would be likely to cause the death of a person.

1.3 STATEMENT OF PROBLEM Dying Declaration has been significantly considered to be important in bride burning. In India the question becomes more relevant because lot of dowry death cases, domestic violence death cases, honour killings and hate crimes are committed through burning of the victims. It is a well-established principle of law to seek corroborative evidence to support main evidence to inspire judicial confidence. However, huge significance has been attached to a death assertion by the court and if all the crucial ingredients are met while recording it may very well lead to conviction. Expanding the scope of dying declaration through a catena of judgments various procedural rules have been laid down regarding the recording method, admissibility policy and others. It has been rendered quite important in dowry death cases, bride burning cases, domestic violence cases and so

4 on with the possibility of rendering justice to the decease and fighting against atrocities towards women. However, dying declaration is a two edged sword. Over –enthusiasm in rendering justice often leads to the downside of real culprits being left free and weakening of the prosecution cases. The tradition of rendering dying declaration as admissible evidence often lends one in deep water as it is not uncommon for people to spite people in death. In burn cases exactly pointing out whether the burn injury is homicidal or suicidal or accidental in nature is quite troublesome. Here dying declaration becomes tremendously important to understand the nature of the case as to understand how the person died. But, it also brings the over enthusiasm of putting much reliance on dying declaration and not enough on other evidence to convict the accused persons. As a matter dying declaration which is generally hearsay is not free from being framed, coerced, and forced or being malicious. So courts generally rely on other evidence to corroborate dying evidence. However in cases of burn cases where dying declaration has been given, how much does the principle lend credence and is judicially followed is matter of question.

1.4 OBJECTIVE OF RESEARCH

 To understand the rationale and concept of adopting dying declaration as evidence  To understand the evidentiary, medico-legal aspects and forensic aspects involved in burn incidence cases  To understand and analyze the legal aspects of dying declaration in India  To analyze the feasibility of the judicial principle of dying declaration in burn cases as sole evidence for basis of conviction.  To analyze the importance of dying declarations in burn cases .

1.5 RESEARCH QUESTIONS

 What is the rationale for adopting dying declaration as evidence in criminal law?  Why it is difficult to understand the homicidal, accidental or suicidal nature of burn injuries and its impact on evidentiary, medico-legal and forensic aspects

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 What is the trend of judgments and cases in India in regard to dying declaration ?  What is the feasibility of applying dying declaration as stand in alone evidence in burn cases without any corroborative evidence?  What is the gravity of importance of dying declaration?

1.6 SCOPE OF RESEARCH The main focus of this research is on the importance of dying declarations in burn incidence cases mainly with regard to dying declarations given in a legal manner in traditional criminal cases in India regarding burn incidences. It does not extend its purview to mob crimes, explosion crimes and bombing.

1.7 RESEARCH METHODOLOGY

The thesis will be mainly based upon doctrinal research done by the researcher and with reference to various journals, case laws and articles which have been evaluated and analyzed for the purpose of this research. Many articles from the internet have also been sourced for research purposes and also other books and articles not regarding the thesis topic have been analyzed to support the research.

1.8 CHAPTARIZATION

1. The first chapter deals with the Introduction of the dissertation and answers that what is to be done in this research along with the statement of problem, literature review, objectives, research questions, scope of study and research methodology.

2. The second chapter of the dissertation answers and analyses the rationale behind dying declaration. However the thesis wants to analyses the origin and concept of the adage and the rationale for adopting it into criminal law as evidence and the reason for dying declaration being an admissible evidence that is heavily relied upon.

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3. The third chapter of the dissertation deals with the demography of deaths caused by the burning and medico legal aspects of the homicidal, accidental or suicidal nature of burns.. This chapter of the thesis analyses the nature of burn cases, and its forensic aspects as burn incidences are very hard to categorize and it leads to difficulty in understanding whether a burn incidence is a crime or accident. 4. The fourth chapter analysis that how the dying declaration is applied in courts, what are it‘s critiques, the precautions to be taken while admitting dying declaration and the principles on which it is based. This chapter also discusses several cases which are relevant for the application of dying declaration.

5. After studying dying declaration in relation to burn cases the findings and concluding remarks are provided in this chapter.

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CHAPTER 2

RATIONALE BEHIND DYING DECLARATION

2.1 RATIONALE

The maxim ―Nemo moriturus praesumitur mentire ‖ is the basis of dying declaration that means a person will not meet the almighty with a lie in their mouth. Hearsay the evidence is not given any importance in the courts since this kind of evidence is the description of a third person‘s experience and there is no way to cross-examine the third person to confirm the facts. A dying declaration is an exception in this matter since if this evidence is not taken into account the justice may be denied in some situations. In a condition where there is no other witness is available except the individual who has since died, their statement can be the most relevant statement in those conditions. The importance and acceptance of dying declaration are explained in section 32(1) of the Evidence Act, 18726. This section says that when a person makes a statement as to the cause of their death or describes any circumstances of the incident that ultimately resulted in their death, in such cases when the cause of that individual‘s death is questioned such statements become relevant. According to the English law, that person must be under the expectation of death only when death declaration stands valid. This type of declaration is acceptable in both criminal and civil cases if any of the above-mentioned conditions arise.

If we review various judgments in different courts and various judges, the admissibility of the dying declaration have taken different views and different explanations through the motive in every situation have been to come to a rational decision. The underlying dictum is that if these declarations are trustworthy to the court they retain full values.

A most vital aspect of this kind of declaration is that the victim was in good state of mind till the end of the recording7. Just stating that the patient was in a good state of mind or fit at the time of the recording is not sufficient. The attending doctor is the person to certify

6Indian Evidence Act, 1872, Criminal Manual. 14th ed. Lucknow: Eastern Book Company, 2003: p15 7N Ram v. State. AIR 1988 SC 912: 1988 Cri LJ 1485

8 that the patient was fit to give a statement. However, in certain situations where it was not possible to obtain a fitness certificate from the doctor, dying declarations are accepted as important evidence if there is at least one witness to testify that the declaration was given in a good state of mind or nothing was there to hinder the person from giving the statement in good mind. The opinion of the attending medical practitioner cannot directly nullify the testimony of the eyewitness saying that the deceased was fit and conscious while making the dying statement.

A second important aspect of dying declaration that makes it more admissible and authentic is that it should not be made under any pressurized condition or it should not be prompted by anyone. Moreover, the court may also make sure that it is not tutored or made out of imagination. If anyone of these points is proven, then the court will not accept it as valid evidence. If it becomes doubtful then it may require validation.

If the person in concern has made more than one declarations and if these declarations are found to have no contradiction than court may accept any one of this declaration as a valid document. On the other hand, if these declarations are contradictory, they lose the very essence of dying declaration.

The best format of dying declaration is in the question-answer form. If it is available in the narration form, it is still good as nothing is prompted or tutored and it comes directly from the mind of the person making it8.

If the person making the dying declaration is not capable of speaking or writing, they can still make an acceptable declaration through body gestures in response to questions. When such a declaration is made in the form of question and answer all precaution should be taken to ask specific questions and these questions along with gestured should be made available in the written form. Courts generally want this question-answer form of dying declaration to be written in the vernacular language of the individual making the dying declaration. The magistrate is the first preference in this type of dying declaration recording. If the time is limited and the magistrate is not available at that moment, it can

8Gupta BD, Jani CB. Status of compos mentis in relation to dying declaration in burn patients.JIAFM. 2004; 25(4):133 – 136.

9 be recorded by anybody including a public servant and doctor. Courts generally discourage police officers recording a dying declaration, if there is no other person available to carry on this responsibility then a police officer can record the same.

It is often debated that in burn cases a dying declaration is non-admissible as the person making the dying declaration is not capable of making it correctly due to the medications given in these cases keep the patients in a semi-conscious state when awake. However, Gupta and Jani (2004) have argued that the drugs used to treat the burns do not conventionally affect the higher brain functioning of the burn victims9. So, they opine that ―compos mentis‖ is not affected either by burns or drugs used to treat burn patients. It was also decided by the High court of Delhi in the case of Latoor Singh v. NCT of Delhi10 on considering several documents that these medications affect higher brain functioning.

If the dying declaration looks developed carelessly or if it is made at a tender age, courts may not admit this as valid evidence. As a measure of security original dying declaration should be sent to the court where prosecution is going on or the case is registered like FIR and a photostat copy should be kept in the case file.

If this document is duly witnessed then the thumb impression and signed document are accepted as evidence. However, if a person is capable of signing gives thumb impression, the court may question the reason? If a literate person puts the thumb impression in any specific condition, e.g. due to injury in the hand or could not get up to sign due to medical condition or treatment procedure, thumb impression is admissible. In absence of such conditions, if there is a thumb impression and that not witnessed properly or witnessed by a disinterested person, the court may want to know whether the declaration is made willingly or the thumb impression is made after the person died11.

9Gupta, B. D., Jani, C. B. Status of compos mentis in relation to dying declaration in burn patients. JIAFM. 2004; 25(4):133 – 136. 10 Latoor Singh v. NCT of Delhi 2015 SCC Online Del 8103 11Ashutosh Salil, ―An Analysis of Indian and English Position of Dying Declaration‘ J297, Cri.L.J.2005

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Usually, there is no time limit up to which a dying declaration remains valid. If the person dies many months after the declaration has been made and the dying declaration was registered within the 4 months of filing the case, the dying declaration remains valid.

Even the ―history‖ provided by the injured recorded by the doctor in the case file and the court has considered it as a dying declaration and mentioned that the injured patient narrated in the history that the incident occurred in such and such way that was the main reason behind the death of the concerned victim, the court accepts it as a valid document. Hence, it is essential that if such a history is written and recorded properly.

The First Information Report recorded by the police has also been taken as dying declaration by the honorable Supreme Court of India12. It was held in case Munnu raja and ors v. state of M.P13. It is valid when the victim did not survive to get their declaration recorded. However, if the victim is hospitalized or getting treatment at home for at least 8 days and then dies, the First Information Report is accepted as a dying declaration.

Under section 32 of the Indian Evidence Act, 1872, a suicidal note written in the clothes of the deceased person should be considered as a dying declaration.

As far as the dying declaration is concerned there is no question that it is significant evidence in any case. The differing and contradictory judicial views have been with respect to the values attributed to the dying declaration when the conviction of the accused person under prosecution is concerned. The courts in India have made it clear several times that a dying declaration should be authenticated before it is used as evidence in a case. It is a statement made when the prime accused was absent and there is no scope for cross-checking. Thus, the courts in India opine that the dying declaration must be scrutinized closely before accepting it as evidence.

A dying declaration stands as a different footing in India than in English law. As per the English law, a dying declaration is acceptable only when the individual making this declaration is expecting an imminent death or really was in a hopeless condition. In India,

12Dr. R. K. Gorea, ―Critical Appraisal of Dying Declaration‖JIAFM, 2004, 26(1). 13 Munnu Raja and ors v. State of M.P, 1976 AIR (SC) 2199

11 the importance given to a dying declaration depends on several situations such as the expectation of death, the circumstance under which that declaration was made, and also the way the record is made. The Supreme Court of India in one of their earliest judgments held that it was not safe to convict an accused just on the basis of an uncorroborated dying declaration. Since then, in a series of similar types of cases, the Supreme Court has made it clear that conviction on the basis of dying declaration could be made only if it is proved that the registered dying declarations were true and voluntarily made14. In one such case of Khushal Rao vs. the State of Bombay15, the Supreme Court laid down a number of propositions for accepting dying declaration as evidence. The apex court said that there was no rule of law that could be used to create a basis for not accepting dying declaration as weighty evidence. They further argued that there was no rule of law that made this declaration a weak piece of verification of an incident. The Supreme Court further held that a dying declaration is based on the same footing like any other piece of acceptable evidence. Its importance should be judged on the basis of related circumstances. Arguing on the same line in another case of Padmaben Shamal bhai Patel v. the State of Gujarat16, the Supreme Court of India said, "a dying declaration is an independent piece of evidence-neither extra strong nor weak and can be acted upon without corroboration if it is found to be otherwise true and reliable."

2.2 PROCEDURE

Section 32(1) of the Evidence Act, 1872 discusses about dying declaration that is made by a person who is dead17. It is the declaration that explains the circumstances of his death. It is never correctly provided as it is certainly very absurd for the dying person to undergo numerous procedures before dying. But, the non appearance of prosecuted provisions arises numerous questions, For example, whether a dying declaration can be made only in the presence of the family member of the dead person at the time of death? Whether an inspection officer recorded the dying statement? Whether the declaration

14Avatar Singh ―Principles of the Law of Evidence, 16th ed.2007, 15 Khushal Rao v. State of Bombay, AIR 1958 SC 16 Padmaben Shamalbhai Patel v. the State of Gujarat, 1991 SCC(1) 744

17Indian Evidence Act, 1872, Criminal Manual. 14th ed. Lucknow: Eastern Book Company, 2003: p15

12 made to a judge under Section 164 of the Code of Criminal Procedure cover a dying statement? What will happen if no certification is made by the doctor about whether the dead person had made the declaration when he was in a fit state of mind? Thus it is always seen that there can never be straight answers to such types of critical questions as the acceptability of a dying statement is very fact specific and it is mainly specified by the circumstances on which the declaration was made18.

Section l62 (l) of the Code of Criminal Procedure offers that any declaration that is made to a police officer at the time of the course of examination is prohibited. But this Section makes exclusion for dying statement by offering the provisions that this section will not apply to a declaration that falls within the provisions of S. 32(1) of the Act. The Courts have been reluctant to acknowledge dying statements made to an examining officer for the noticeable cause that examining officers being interested in the accomplishment of investigation may interfere with the dying statement to tilt the balance in their favour.

In the case of Dalip Singh vs.State of Punjab19 it was held that it was better to leave dying statements that were made to police officers at the time of investigation out of deliberation unless the prosecution makes it clear to the court as to why it was not documented by a judge or doctor. Such kind of statement may also be relied upon if there was no time or ability for accepting the superior method20. Several High Courts have also held that it is not judicious to base belief on a dying statement that is made to an examining officer and the preparation of the examining officer recording dying statement should not be encouraged.

All of it depends majorly on the case circumstances and facts. So, for one instance, the declaration as the police recorded appeared to be truthful, natural, coherent, an incident narrated without any embellishment and identifies the accused and then the case was sought to be valid. However, the place where the officer In charge of investigation, recorded the dying declaration prior to the moment of doctor certification deeming the victim to be fit to state a comment and irrespective of the fact that the victim was alive

18Black's Law Dictionary, Ed, Bryan A. Garner, 7th edn, West Group, St. Paul, Minn, 1999 19 Dalip Singh vs. The state of Punjab, (1979) 4 SCC 332a 20Ashutosh Salil, ―An Analysis of Indian and English Position of Dying Declaration‘ J297, Cri.L.J.2005

13 for two more weeks, the officer did not care to record the statement by the magistrate as held stating none can replace the reliance of the above declaration.

For the case of Rambai v. The State of Chhattisgarh, in case the person who records the dying declaration holds satisfaction of the fact that the one giving the declaration is fit to make a statement, then the only fact that doctor deems the victim to be unfit would not be considered valid to defy the statement as given by the victim21.

A crucial principle of evidences of cardinal law suggests the fact that statement needs to be approved in presence of significant evidences. Irrespective of the extent to which the evidence appears cogent, it has to fall under the segment of admissibility that it is not included. With respect to the declaration of dying, direct evidences orally of facts and the opportunities to examine truth of same Vis cross assessments appears to get dispensed due to the fact that the statements maker dies and now cannot provide evidences of the situation pertaining to the statement as given by the victim. Undoubtedly, the statement was done prior to the death of the person. But the Statement character and the subject pointed towards reflect truth of highest extent. In order to set up the fact at time of the maker does not appearing apt, the statement itself is deemed non trustworthy. So the declared statement holds relevance and is the exception to the rule of hearsay. The above has been stated categorically by M.Sarkar pointing towards the reason behind deeming exception applicable to the hearsay rule. As per the concepts of necessity pertaining to the evidences and the trustworthiness circumstantial probability along with the conjoined value is responsible for hearsay rule exceptions. Several other reasons looping to be end which is:

 Places where circumstances are in way that the accurate as well as the sincere statements uter naturally laying absence of falsification  Risk of easy detection or danger of punishment might lead to falsification avoidance or force counteract.  Places where statement given in lieu of the publicity condition stating that the error if occurred would be detected.

21Black's Law Dictionary, Ed, Bryan A. Garner, 7th edn, West Group, St. Paul, Minn, 1999

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As Dying declaration is an exception to hearsay rule, it relies on the cause of divine punishment. Hence, it is clear that the dying declaration as given under the Act's section 32(1) can be proved by the presence of evidence (Tapinder Singh v. State of Punjab, 1970)22.The above clause has an exception to the rules suggesting that in criminal cases, evidences related to a person who was denied to get double checked or subjected by the one accused would be thought as valueless as the place where the cross examination would be done is viewed as the oath solemnity and sanctity only because of the fact that an individual on the verge to die would not give a wring statement until and unless one can prove, with evidences, that the statement given was under the influence of someone else.

Considering generally, the rule suggest that evidences of hearsay aren‘t admissible and also that' the authority should seek justification of the reception in wake of few setup and few prevailing exception to rules. A major principle cardinal to the evidence is the rejection of several evidences that is reliant on the rule of hearsay. Here, a question plausibly arises inquiring on the meaning of the term hearsay. It can be deemed as the multiple assertion made by the individual as and when it gives evidences orally in the proceeding. In case the facts related to the representation has been done by an individual apart from the person, it then relies on the information's accuracy provided by the person, it is deemed as hearsay and hence excluded to be prove as the supplied information. To sum up, in case the statement by the person is given under the impact of another human, it needs to be tested prior to being said in court hearsay. It is seen that the Scholars are working on the agreement on denying such evidences. Rules in opposition to the hearsay admission are fundamental. It is not the best of all evidences as no oath is taken to deliver it. Both the accuracy and the truthfulness of individual whose words as said by other witness fail to be cross examined and also the wake of his demeanor gets imposed on the lost testimony. The exclusion rational for such evidence is:

 it‘s not the evidences best piece;  No oath taken to deliver the piece;  Repitition leads to possible inaccuracy ;

22Indian Evidence Act, 1872, Criminal Manual. 14th ed. Lucknow: Eastern Book Company, 2003: p15

15

 Unable to view maker demeanor;  Matters veracity fails to be verified in cross examination, and  Makers Accuracy also fails to be verified in cross-examination.

Whether oral or written, statements suggesting facts as given by the victim who has died is named as dying declaration. It is no doubt crucial evidence and is based on the dead man‘s declaration. Ideals on which the declaration by the died victim is admitted indicates the maxim entitled ‗Nemo moriturus praesumitur mentire‘, which means that a person would not map the maker that is about to die as saying a lie. As said by Mathew Arnold, the truth as sitting on the dying man‘s lip.

An individual who is on the verge of dying, an in event of shadow to continue in the world effectively is non-existent pertaining to the falsehood motives appear obliterated. So, human mind alters in the present of the ethical values that speak just trust. Sanctity along with solemnity is linked with the dying man's words as the person who is about to die would not tell a lie or even concoct to the cases as implicated to the innocent individuals. The prime principle based on which the evidence species are admitted suggest the extreme declaration as and when the person on the verge of death with no hope to relive and when the falsehood motive mutes and the individual mind is now convinced to speak truth, such circumstances solemn that the law deemed all same as obligation creation which is similar to the one as imposed by the administered others positive in the Judicial Court.

The dying declaration law has been summed up beautifully by the Indian SC as seen in the case of Kundanbala Subrahmanyam v. The State of A.P23. that got endorsed further by R.C. Lahoti J. in the case of Laxmi v. Omprakash24. Further, the Court has categorically suggested that the declaration made by the dying person owns a crucial sanctity stating for that moment the person is less likely to induce falsification. Shadow as, casted by the death itself suggest the truthfulness of the statement given by the dying individual pertaining to the circumstances or the cause that boil down to death. So, the dying declaration has a sacrosanct aspect being the evidence that is said by the victim

23 Kundanbala Subrahmanyam v. The State of Andhra Pradesh, 1993 SCC(2) 684 24 Laxmi v. Om Prakash(2001) 6 SCC 118

16 deceased after the statement given by the person along with the evidence has been testified, it is deemed as the statement true and is sufficient to be the recording conviction and does not seek corroboration25. It is desirable to acknowledge that the declaration given on the verge vote death has great weight and also the fact that the person cannot cross verify the statement, it is imperative that the declaration is of the nature that would inspire court confidence to be correct. Also, the court has the obligation to sway off the possibility that the statement is the outcome of influence of third party prompts, tutoring or imagination product. However, before considering the statement to be true, the court must ensure that the victim was sound to give the same. Upon satisfaction of the fact that the declaration was voluntary and does not involve third party influence, the statement could be deemed as the base and does not seek further corroboration. Since there is no law to infuse corroboration and is only the prudence. It is transparent as if the victim was in a sound state to give away declaration; there is no need for justification. As seen in the few of Ram Nath Madho Prasad v. State of M.P26., Supreme Court said it was unsafe to accuse only on the base of a dying declaration and not seek corroboration since no oath was taken and no cross verification done and also the fact that the victim was in a state of mental and physical confusion and it could be that his Statement was influenced by imagination. The court overruled stating that the dying declaration when found to be true is relied safely upon and need not be corroborated. The Supreme Court in the case of Khushal Rao v. The State of Bombay27 clearly summarizes the proposition as:

 That one cannot lay it as the absolute law rule voicing that the dying declaration fails to be the sole conviction basis and need to be corroborated.  Every case has to be known on the basis of its own facts acknowledging the circumstances leading to the dying declaration  That one cannot lay down it to be the general proposition suggesting the dying declaration to be evidence weaker as compared to other.

25Deepak Arora, R. S. Dogra&Jaswant Singh, Law of Evidence, vol. 1 Madras Law journal, Madras, 1998 26 Ram Nath Madho Prasad v. State of M.P AIR 1953 SC 420

27 Khushal Rao v. State of Bombay, AIR 1958 SC p.22

17

 Any dying declaration has the same significance as compared to other evidence and should be judged considering the surrounding circumstances and the principle reference that governs the weights of evidences.  Recorded dying declaration by the Magistrate in form of a question answer has higher footing.

To verify the dying declaration reliability, the court needs to accept the circumstances as the observation opportunity of the person dying i.e., the sufficient light at the time of committing crime, ability to know the facts, consistent statements and the same ones earlier and do not seek the interested parties tutoring.

18

CHAPTER 3

DEMOGRAPHY AND MEDICO LEGAL ASPECTS IN THE HOMICIDAL, ACCIDENTAL OR SUICIDAL NATURE OF BURNS

3.1 POSITION OF WOMEN

Manu, being a famous law-giver stated that ―Yatra Naryastu Pujyante, Ramante Tatra Devata‖ which translates to, the Gods being situated in the areas where women are adored. Value of a development can be determined with the help of the status provided to women in society. Moral status given to women is one of the various factors which determine the immensity of ancient culture of our country.

At the time of the Vedic period, women used to have similar rights and rank as men. It was allowed for widows to marry again and they had equality in learning Vedas and being involved in doing the religious rituals as Vedic religion necessitated performance of rituals by husband and wife together. 1000 B.C. to 200 A.D. was a post-Vedic phase and through that course, position of women had to experience holdup once their role was confined within the four walls of a house.

Position of women in our country was exposed to a lot of significant changes in the past. Starting from the similar position as men in ancient period to the lowest points of medieval times to promoting equal rights by activities, women history in our country has always been busy. Women in our country keep experiencing discrimination and rest of the social hurdles with it as they are usually subject to abuse and violence. Outlooks of Indians regarding women are examined on often basis and crimes against women have incited our country at different times. Women are usually at the receiving end of the society which is overpowered by men.

19

There were often the changes in types and trends of crime as there were changes in the attitudes and methods. Death is surprising when it is due to an injury or poison in a direct way or an injury in an indirect way as it might trigger the natural disease which is there for a person from the past. It can also be said that death is surprising once it happens impulsively in oppose of the nature through poison, injury or some kind of crime such as homicide, suicide, accident, etc.

There are considerable numbers of women in India who die through unnatural ways and in the case of young married women. Bride burning, which is also called dowry death, also holds significance. Currently, in the Indian framework, dowry death has been trending due to the fact that such events are growing significantly and number of dowry deaths is now at the point which cannot be avoided. Dowry deaths or suicide by young married females resulting to the unkindness or torture by husband or in-laws represents a disgrace on our society.

3.2 FIRE AND BURNS

Fire is a means which holds the most significance and it is one of the most damaging enemies of man. Fire can damage the entire property, can take lives of thousands each year and waste the human resources. When interacting with dry heat, it can result into burn injuries28. Burn is the injury that is generated through the use of dry heat like flame, radiant heat or heated substance29. Expression ―burn‖ is confined to limited effects of dry heat. Every type of dry heat scratch is called burn.

It has been mentioned before that burn injuries are one of the most severe injures which might make a person miserable30. Accident is the most usual cause of flame burns nowadays31. Burn is both distinctive and considerable means of suicide and homicide in

28Modi, N. J. ‗Burns and Scalds‘, Modi‘s Medical Jurisprudence and Toxicology, 2009, 23rd Ed, LexisNexis-Butterworth‘s Wadhwa, Nagpur, 629. Mukherjee, J. B. Injury and its Medico-legal aspects, 2007, 3rd Ed, Karmakar R.N., Academic publisher, 591. 29Nandy Apurba. ‛Thermal injuries‘, Principles of Forensic Medicine, 2002, 2 nd Ed, New Central Book Agency (p) Ltd.p263. 30Reddy K. S. N. ‗Thermal Deaths‘, The Essentials of Forensic Medicine and Toxicology, 2009, 29th ed, Devi K. Suguna, Hyderabad, p283. 31Vij Krishan. ―Thermal Deaths‖, Text Book of Forensic Medicine and Toxicology, 2008; 5 th ed, Elsevier, A Division Of Reed Elsevier India Pvt. Ltd.p159.

20 all the parts across the globe. Burns are fourth most usual type of trauma universally next to traffic accidents.

Not enough awareness and avoiding the proper usage of fire and fire generating materials in the poor socio-economic associations can lead to burn instances too. Even though there have been improvements in medical science lately, pathogenesis of burn injuries is still not determined for efficient management of burn instances and preventing death.

3.3 DEMOGRAPHY

Burn injuries hold the medico legal importance due to the fact that they may be regarded as usual causes of unnatural deaths in our country. Burn injuries are up there between the harshest types experienced and crediting to serious injury or death32. Around 45% of burn patients face death because of septicemia33. Burn injuries are fourth common type of trauma all across, after the traffic accidents, falls, and social violence. Burn injuries are universal public health issue and it is predicted that it causes almost 26, 5000 deaths annually. 1 million people each year face injury because of burns in our country (WHO, 2016). Burns by accident are most common way where residential fires constitute to 10% of every accidental mortality in developed nations. Burns are the significant means of suicide and homicide too all across the globe. Along with that, the situations which result into such injuries are covered in oblivion, mystery, lies, and undependable statements. There might be different reasons for this such as domestic, professional, personal, social disaster, and dowry. Homicidal by burning the married women is a primary issue in our country for medical and legal authorities related with dowry conflicts all across the globe. There are in total 22 dowry deaths taking place in our country each day (Crime in India, 2014). At these times, it is important to ascertain ante mortem versus postmortem

32Olabanji, J. K., Oginni, F. O., Bankole, J. O., Olasinde, A. A. A ten-year review of burn cases seen in a Nigerian Teaching Hospital. J Burns Surg Wound Care 2003; 2:1-11. 33Bloemsma G. C., Dokter, J., Boxma, H., Oen, I. M. Mortality and causes of death in a burn centre. Burns 2008; 34:1103-7.

21 burning. Medico legal study in deaths because of burns deals with ascertaining of way and reasons of death, state of burn injuries, that is, postmortem or ante mortem, etc.34.

Married women dying in less than 7 years of their marriage, which is, dowry deaths due to burning are a primary issue in our country. Burning often arises through accident or intentional. Majority of accidental burns in the females occur in kitchen because they are vulnerable to fire on usual basis. There are also times when the suicidal or homicidal burns are shown to be unintentional by in-laws. Burns associated with deaths because of homicide are common in our country.

There are different kinds of lethal and nonlethal thermal injury which involves flame burns that can burn the skin and sear the hair, scorching from hot liquids and interacting the burns which take place due to contact with hot objects. Burn injuries are universal public health issue and such instances are predicted to be near to 265000 deaths annually. In our country, 1000000 people each year are brutally injured because of burn injury (WHO Burns, 2014). Accidental burn injury is most common way of burn. Lethal domestic fires constitute 10% of accidental deaths in the developed nations where 1/4th of deaths are of old people. Burns are significant way of suicide and homicide all across

3.4 MEDICO LEGAL ASPECTS

There are different kinds of factors that might result into fire deaths where smoke inhalation and burn injury are most common of them. Victims dying from smoke inhalation are studied and it is often seen that there was dust in nostrils and mouth along with burns and coating of larynx, trachea, and bronchi at autopsy. Following 2 or 3 days of smoke inhalation, dirt can be observed through the naked eye35. Degree of the burn can be ascertained through ―rule of nine‖: the head (9% of body surface), the upper extremities (each 9%), and the front of the trunk (18%), the back (18%), each lower extremity (18%), and the perineum (1%). Majority of the victims of house fires die when they are exposed to carbon monoxide gas or impacted by it. Along with the carbon monoxide, hydrogen cyanide is also accountable for death from smoke inhalation in

34Shinde AB, Keoliya AN. Socio demographic characteristics of burn deaths in rural India. Int J Healthcare Biomed Res 2013; 1:227-33. 35Dokter, J., Boxma, H., Oen, I. M. Mortality and causes of death in a burn centre. Burns 2008; 34:1103-7.

22 surrounding regions. Septicaemia is the reason for around 45% of burn patients‘ deaths36. It is very important to ascertain the things signifying antemortem vs. postmortem burning, enflaming of edges of burns might indicate antemortem aetiology though it is indecisive.

Fire accidental deaths mostly comprise of kids and old people who use matchsticks and lighters or play with them. Fire in the limited areas like a room might generate something known as a flashover which usually comprises of a gas heater or device. When there is a fire, it generates beaming heat, hot gases, and smoke. Self-immolation is intense death fire and it primarily takes place in adults who fall in the range of 20 to 40 years and experience considerable mental disorders or have a past of alcohol or substance abuse. People who try to commit suicide often pour a flammable fluid upon them which is usually gasoline, and they burn themselves. Using flammable liquid is most common way of immolation. Liquid container and matches or lighter can often be seen around the body. Suicidal attempts usually lead to third-degree burns on majority of the body where burns are more focused on frontal of body.

Thermal injuries are common and usually intricated by commingling and disintegration. The tasks comprise of deciding at autopsy about the person being alive or dead at the start of the fire. Proof of survival relies on records of possibly harsh injuries and study of people stunned by smoke inhalation that would often observe dirt in nostrils and mouth along with coating the larynx, trachea, and bronchi.

Dirt residues in airways must not result in premature conclusion about the person dying of inebriation of fire fumes. The dirt particles might arise in respiratory tract too if burning took place after death. Victims are burnt so the ways of death cannot be determined in homicidal deaths and their accelerants are not observed in blood, dirt is not observed in airways, and carboxyhemoglobin concentrations are not higher in comparison to the ones found in smokers. Some cases were found with no dirt in larynx or trachea though the study of blood for carbon monoxide was deadly. Presence of dirt in trachea at the time of cut on burnt neck in autopsy or fragmentation from burning leads to

36Pekka, S., Knight, B.The pathology of burns. In: Pekka S, Knight B, editors. Bernard Knight's Forensic Pathology.3rd Ed. New York: Oxford University Press Inc; 2004: 322.

23 the decisive case of smoke inhalation though through the reported case shown dirt particles all over respiratory tract from trachea to terminal bronchi as it was adhering to mucosa admixed with mucus comprising of antemortem inhalation of dirt particles.

Burn injuries and its related death and sickness are rampant all across the globe though it has a different meaning in our country. Assumed dowry death because of burns to married women is something which is common in our country though the cases are introduced to police by husband or in-laws as unintentional burns, and with that, methodology of studying agencies ranges from homicide or suicide to accident37. There are many situations where it is said that clothes of victim caught fire during cooking with kerosene oil stove or wooden stove, at the time of house having LPG cooking. Current research observes the attempts being made to study the statistic information gathered on these situations where the aim is to emphasize different factors of assumed accidental burns.

Electricity is very important nowadays and if there is no electricity, human beings can have a very hard time adjusting into their lives but electricity is also capable of destroying life up to death. Majority of the incidents because of electricity are unintentional and they occur from the passage of an electric current of low and high voltage through body.38 Suicides and homicides from electrocution cannot be seen on usual basis and they are often impacted through alternate current. India is the developing nation and, in such places, lack of knowledge, not functioning according to standards and shoddy alternatives can be obtained at low price which are most common causes of electrocution which result in deaths.

Forensic Pathologist can identify the electrical injuries through path gnomic marks most of the times as they can be apparent though when the marks are not there, there might be difficulties.39 In the event of these cases arising, the incidental and laboratory proof are quite helpful in conducting the analysis and this research was carried out with the purpose

37Mukherjee, J. B. Injury and its Medico-legal aspects, 2007, 3rd Ed, Karmakar R.N., Academic publisher, 591. 38Deepak Arora, R. S. Dogra&Jaswant Singh, Law of Evidence, vol. 1 Madras Law journal, Madras, 1998 39Dokter, J., Boxma, H., Oen, I. M. Mortality and causes of death in a burn centre. Burns 2008; 34:1103-7.

24 of doing the thorough examination of the pattern of electrical injuries, the reason of death and the ways of death occurring. Histopathologically study proves to be quite helpful during the course of electrical injuries being under the examination for the results.

Majority of the burns take place in the low-income and middle-income nations. Deaths associated with burns in our country can mostly be seen in women in comparison to men and they arise in oppose of a complicated structure where the reasons – accidental or non- accidental, homicidal or suicidal – is usually vague. Majority of the burns and deaths take place in low-income and middle-income nations. Deaths per year from India in such terms fall in the range of 1, 63,000 and 2, 00,000. Epidemiology of mortality after burns in our country is not common as deaths can be seen more often in females in comparison to males40, especially in young adults constituting most part of the admissions. Female- to-make ratio keeps differing from time to time and place to place.

Burns are often categorized through the representative - flame, electricity, or chemical – and they might be through accident or non-accident. Non-accidental burns might occur due to the intentional self-harm (attempted suicide) or other people‘s activities (attempted homicide). India is on the top position in deliberating self-harm through burning, especially in young females41, self-immolation as more distinctive of middle-aged men. Sex ratio of victims is contradictory of what is observed in the high-income nations that men are dominating.

All of such stats conceal the significant amount of vagueness. Non-accidental deaths of young women taking place because of dowry, bride burning are an issue from a long time and they are regarded to emerge mostly in less than seven years of marriage and might be homicidal or outcome of suicide due to pressure or worry. Attempted suicide is an offence (even though legalization might go according to a latest Supreme Court law).

40Dr. R. K. Gorea, ―Critical Appraisal of Dying Declaration‖JIAFM, 2004, 26(1). 41Gupta BD, Jani CB. Status of compos mentis in relation to dying declaration in burn patients.JIAFM. 2004; 25(4):133 – 136.

25

When a young woman commits suicide in less than seven years of marriage, her husband and/or in-laws might be claimed responsible for the suicide.

Making a decision on the reason for burns would mean selecting among three descriptions where first are accidents being common and associated with poverty, safety of cooking utilities, and using kerosene or LPG. Second being the intentional self-harm through burn of a comparatively common instance through a well-known place in culture, ranging from myth to famous42. Third being immolation as an established way of homicide. Use of kerosene would mean that it is occupied in numerous burns. Along with possessing danger, it is also the driver of women‘s suicides through burns, and often is the accelerant in homicidal burns.

Burn deaths are mostly from accident but they might be deriving from suicide or homicide. Suicidal burning is comparatively rare. Homicidal burning is rare as well but it can be seen in the events in which paraffin or a flammable material is tossed on the victim and they are set on fire. Murderers usually try to get rid of the body to hide the crime and what they did so no one would get the body or any evidence. There are also times when a few people might cause burn harms on a dead body and present it to police so there would be fake charges of murder43. There must be proper care in both the events to differentiate between the ante-mortem and post-mortem burns so it can be seen whether or not victim was alive at the time of fire.

42Gupta, B. D., Jani, C. B. Status of compos mentis in relation to dying declaration in burn patients. JIAFM. 2004; 25(4):133 – 136.

43Indian Evidence Act, 1872, Criminal Manual. 14th ed. Lucknow: Eastern Book Company, 2003: p15

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CHAPTER 4

DYING DECLARATION- APPLICATION, PRECAUTIONS AND PRINCIPLES

4.1 APPLICATION AND RELIGION

Well-known Victorian poet Mathew Arnold wrote, ―Truth sits on the lips of a dying person‖. From long time, legal scholars, criminologists had rested their confidence in the conviction that a man would not meet his creator with a lie in his mouth, which is acquired from the saying "Nemo moriturus praesumitur mentire". It is trusted that at the time of death44, each desire for this world is gone . Religion is a standout amongst the most widespread highlights of the humanity. Right and wrong are the ideas that are available when we are born and they tail us all through life. Throughout advancement, we gain expertise with these thoughts and these become piece of us. Moreover in old times religion rests incredible impact on outdated social orders and it added to an enormous degree to the development of lawful frameworks in many pieces of the world. Law and religion have an exceptionally cozy association with one another. The antiquated Roman and Greek laws were primarily founded on religion. Indeed, even Hindu and Mohammedan laws appeared to old sacred treatises. Each settled legal system in this world owes it beginning to religion in one or other way. Truth be told, the history is itself a proof of the way that the religion had administered the social orders in a single structure or the other. The hints of religion on the general public can be seen since the early human advancements. Religious feelings and practices had turned to be the fundamental part of the human lives. Humanity has been influenced effectively by religion. Religion has functioned as a solid social power in controlling the activity of mankind and in controlling the minds of the general population for self-protection. Bit by bit with the progression of time, religion and religious practices turned out to be lifestyle, a propensity.

44 Raghuvanshi, Raghvendra Singh, Dying Declaration - 'A Man Will Not Meet His Maker with a Lie in His Mouth' (February 25, 2010).

27

Jung propounded the theory of collective unconsciousness. It is possible to term it to be ―Psychic inheritance‖. It comprises of common experiences of mankind. It is not subjective but everyone experiences this and even the animals and it is the actual foundation of individual mentality. A sensible mind is formed through the feeding thoughts and notions, emotions and responses from family disciple, religious discipline, education, atmosphere, literature, etc. People do not follow these beliefs due to their religion stating them but by reason. Religious belief about a man not being able to meet his maker with a lie in his mouth has been going on from long time and it is a habit now, an essential part of the human mind and it has a house in the awareness of people.

Nowadays, the lawful idea of the dying declarations has turned into a fundamental and irreplaceable device in the organization of justice. Wrongdoings, particularly, the grave offenses, are for the most part carried out under mystery and for the most part leaving no witness, the final expressions of such an victim, framing the deathbed statement, the dying declaration, becomes extremely valuable45. Without the dying declarations in some cases, justice will be tossed over the edge as there will be no observer to the wrongdoing.

The law necessitates that the proof at the law court must be done under oath. ―Oaths, however, it is well known, are not peculiar to courts of justice, nor are they even creation of the municipal law-having been in use before societies were formed or cities built, and the most solemn acts of political and social life being guarded by their sanction‖. An Oath is applying of the authorization of religion, addressing God as witness for aiding a man‘s testimony46. Thus, not anything other than the faith in the Almighty, along with the fact that rewards and punishment will be given by Him, based on our actions, is essential to be worthy an individual for taking an oath. But the person who is now dead can‘t be administered oath, still dying declaration has high value. There is no justification that a person will lie while he is dying.

The standard regarding which declaration of dying person is acknowledged in proof is specified in lawful adage "nemo moriturus praesumitur mentire a man will not meet his

45 Ibid. 46Ibid.

28 maker with a lie in his mouth47.‖ Under the situation of abrupt death, it is the greatest assurance of the certainty of the declaration conveyed from an individual who is dying. Once a person reaches the inference that his death is close, he is in the similar realistic situation like being asked to appear at a Law court sanctioned by a pledge, along with this his statements as the reason for his demise are deemed equivalent to demise, yet these are nonetheless susceptible for being observed.48

The previous argument evidently designates regarding the requirement along with motives of dying declarations permissibility within evidence. Dying declaration encompasses the final views of an individual that is about to pass away. These are the opinions with regards to the reasons causing his death. In case dying declarations are unadmitted within evidence, these final expressions of the dying individual will not ever have higher position in the law Court. The lawbreakers will simply not elude punishment still the community in general will suffer as well. Dying declarations are permitted as proof because it‘s necessary. Therefore, the dying declarations are significant as well as substantial implements in justice management.

Although, the dying declaration notion is a lawful notion along with being a noteworthy implement of the justice management as well as is a vital portion of the legal structure, still the foundation of this notion is religion. During the evolving phases, because of the fast progression of civilization, the standards of religion in the community had radically altered49. A sheer deterioration in the ethical standards has additionally contributed to the societal miseries in general. The reliability of the expressions of the deceasing individual is different from what value it held in the past, like nearly fifty-sixty years back. The matter is not that the humankinds are bigger deceivers now rather in several events, these individuals particularly, the brides that have been burned are compelled and obligated for lying or hiding the facts for protecting the spouses, or perhaps in-laws, due to several causes. Burning of bride are typically considered or depicted as ―kitchen calamities‖ by the in laws. The in laws or the husband burns the bride and show it as ―kitchen accidents‖. Each jurisdictional official that has transcribed or logged the dying

47Ibid. 48 Ibid. 49Dr. R. K. Gorea, ―Critical Appraisal of Dying Declaration‖JIAFM, 2004, 26(1)

29 declaration tends to avow this. The current times encountered several of these declarations as false in which this tendency was obvious. Several of these declarations simply stays within the archives thereby not ever reaching the courts for trial since the events are let go on part of the inspecting agencies. Moreover, as has been lately noticeable as well, that the brides even do incriminate their in-laws as well as spouses falsely within their dying declarations simply for retribution.50

4.2 APPLICABLITY AND PRECAUTIONS

The facet that is of utmost importance is that death was in a mentally healthy situation for offering the declaration once recording began along with staying in stable mind setup to the end of declaration recording51. Simply affirming that sufferer was healthy is not enough to fulfill the objective. The finest certification of this may be acquired from the medic knowing best regarding the situation of the sufferer. Still in circumstances in which it was impossible to acquire certification of being fit according to the medic, complete sacrosanctity could be retained by dying declarations in case additional eyewitnesses provide testament regarding the fact that sufferer was in a mental state that will not influence their declaration. Doctor‘s judgement is not able to eliminate the immediate eyewitness testament affirming that the dead were in stable as well as mindful situation while making the dying declaration.

Secondary point of utmost importance under consideration is that it must not be influenced by other individuals or arranged through provocation, taught or imagined. Albeit any of those facets are proven, causing dying declaration to be disregarded. In case it turns out to be mistrustful then justification will be needed. In case an individual has admitted over a single dying declarations along with in case those do not vary with one

50 Dr. R. K. Gorea, ―Critical Appraisal of Dying Declaration‖JIAFM, 2004, 26(1) 51Gupta BD, Jani CB. Status of compos mentis in relation to dying declaration in burn patients.JIAFM. 2004; 25(4):133 – 136.

30 another essentially they keep their complete worth52. In case such declarations contradict one another they lose their worth.

Finest kind of dying declaration is in a questionnaire form. In case the structure is narrated it continues to be upright as not anything has been provoked as well as the formal things are sourced from the cognizance of the sufferer. In case an individual is incapable of uttering or inscription he may signal positive or negative through nodding, thereby these kinds of declaration being useable. Every time the event is under record as questionnaire as well as responses, safeguard must be there precisely regarding the kind of queries being made along with the reactions acquired from the victim, which must be inscribed. The preference is that it must be inscribed in the language that the victim comprehends along with being able to speak53. The finest process would be recording it through a judge yet in case time is scarce to reach the judge because of the worsening situation of the sufferer it may be logged by any person. Law court dissuade the dying declaration records through the police officials yet in case no other individual is present for recording it, dying declarations logged by the law enforcement officials are permitted by the law as well. In case the recording is not done by the judge the suggested process would be getting it signed by the eyewitnesses that were there during the process of recording.

In cases of burning typically, the debate is that the individual is incapable to make dying declaration because of burning injuries or because of the sedatives given to them for treating burn injuries. Still Jani and Gupta are of the opinion that neither burning injuries nor the sedatives utilized for treating sufferers of burning customarily impacts the advanced functionalities.54 Thus they carefully decided that ―compos mentis‖ remains unaffected from burn injuries or because of its treatment. It must be conveyed to the law court in form of FIR and the photocopy may be put in the file for safety.

If there are a sufficient number of witnesses who have seen a person put a thumb impression or sign, then it does not matter which of the two it was. But suspicion sparks

5252Dr. R. K. Gorea, ―Critical Appraisal of Dying Declaration‖JIAFM, 2004, 26(1) 53Indian Evidence Act, 1872, Criminal Manual. 14th ed. Lucknow: Eastern Book Company, 2003: p15 54 54Gupta BD, Jani CB. Status of compos mentis in relation to dying declaration in burn patients.JIAFM. 2004; 25(4):133 – 136

31 when a literate individual puts a thumb impression during a time when he or she is perfectly healthy. But if a being who knows how to sign gives a thumb impression under bedridden condition or some injury on the working hand, then it is considered to be acceptable and there arises no doubts55. But in absence of such circumstances where a literate person who is in the condition for signing a document, gave a thumb impression instead, which has not been witnessed by any disinterested party, there arises a broad scope for suspicion. It can be doubted that the impression was taken after the person had passed away or for some ulterior motive. The court has not set any period for a dying declaration to become void. But there are cases where the standard time limit for considering a dying declaration was taken to be four months from the date it was written.

A detail of an injured person that has been recorded by a medical practitioner in the case file of the patient is acceptable and qualifies as a dying declaration by the court. However, this is valid only if the person is in an injured state gives details of the incident that occurred and says that it is responsible for his or her demise. And so, it is crucial that if the occurrence of such an incident is spoken by the victim, it should be inked with caution and care. However, after a person gives a dying declaration in a hospital to the police and survives for more than eight days, the recorded statement in the case file is not accepted as a dying declaration by the honorable court anymore. Under section 32 of the Indian Evidence Act, a note stating the reasons for a persons' suicide that has been written and signed by him and is found in his clothes is treated as evidence.

The knowledge of some more legal fundamentals of the criminal jurisprudence like, hearsay evidence, direct evidence, and admissibility of direct evidence and that of the hearsay evidence, shall also be handy for better understanding of the legal aspect of the ―dying declarations‖.

Direct evidence is testimony/other proof which expressly or straight-forwardly proves the existence of a fact. Direct evidence is the evidence which, if believed, proves the existence of the fact in issue without inference or presumption. It is the evidence which

55Ibid.

32 comes from one who speaks directly of his or her own knowledge on the main or ultimate fact to be proved, or who saw or heard the factual matters which are the subject of the testimony. It is not necessary that this direct knowledge be gained through the senses of sight and hearing alone, but it may be obtained from any of the senses through which outside knowledge is acquired, including the senses of touch or pain, Hearsay evidence is one which has heard from other without any direct knowledge thereof. The Courts do not give any weightage to the hearsay evidence on the basis that the person giving such evidence is not testifying on his personal and direct experiences but that of another person, of that person who cannot be cross-examined56. Clearly dying declaration is an exception to this rule. It is accepted in evidence due to the reason that if such evidence is not taken into account the very purpose of justice will be threw overboard in certain situations when there may not be any other witness to the crime except the person who has since died. In many a situations it is the best evidence.

The general rule is that all oral evidence must be direct viz., if it refers to a fact which could be seen it must be the evidence of the witness who says he saw it, if it refers to a fact which could be heard, it must be the evidence of the witness who says he heard it, if it refers to a fact which could be perceived by any other sense, it must be the evidence of the witness who says he perceived it by that sense. Similar is the case with opinion. These aspects are elaborated in Section 60 of the Evidence Act57.

4.3 APPLICABLITY IN CRIMINAL LAW

The eighth clauses of Section 32 are exceptions to the general rule against hearsay just stated. Clause (1) of Section 32 makes relevant what is generally described as dying declaration, though such an expression has not been used in any Statute. It essentially means statements made by a person as to the cause of his death or as to the circumstances of the transaction resulting in his death. Section 32 of the Indian Evidence Act58, 1872

56.Indian Evidence Act, 1872, Criminal Manual. 14th ed. Lucknow: Eastern Book Company, 2003: p15 57.

58Indian Evidence Act, 1872, Criminal Manual. 14th ed. Lucknow: Eastern Book Company, 2003:

33 deals with cases in which statement of relevant fact by person who is dead or cannot be found, etc. is relevant.

The grounds of admission are: firstly, necessity for the victim being generally the only principal eye-witness to the crime, the exclusion of the statement might deflect the ends of justice: and secondly, the sense of impending death, which creates a sanction equal to the obligation of an oath. The general principle on which this species of evidence is admitted is that they are declarations made in extremity, when the party 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 is induced by the most powerful considerations to speak the truth: a situation so solemn and so lawful is considered by the law as creating an obligation equal to that which is imposed by a positive oath administered in a Court of justice.

The section 32 of the Indian Evidence Act provides exception to the hearsay rule. The principle of this section is that a person, who has the first-hand knowledge of the facts of a case but whom, for reasons stated in the section such as death or disability, is not able to appear before court then his knowledge must be transmitted to the court through some person.

The grounds of admission of the dying declaration into evidence even in the absence of testing on the touchstone of cross-examination are: firstly, necessity for the victim being generally the only principal eye-witness to the crime, the exclusion of the statement might deflect the ends of justice: and secondly, the sense of impending death, which creates a sanction equal to the obligation of an oath. The general principle on which this species of evidence is admitted is that they are declarations made in extremity, when the party 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 is induced by the most powerful considerations to speak the truth: a situation so solemn and so lawful is considered by the law as creating an obligation equal to that which is imposed by a positive oath administered in a Court of justice.

The dying declaration is a serious document, and the court of law must be fully convinced about the honesty and truthfulness that is recorded in it. The court will

34 thoroughly go through the dying declaration, and in case it feels that the document was written under threat, torture, influence, or imagination, the same would not be taken into account. Another factor that is to be taken into consideration is, if the crux of the dying declaration is found to be contradictory to the stance of the prosecution, this document will fail to be the basis for sentencing the accused. Under normal circumstances, the exact word of the demised person is to be produced in front of the court of law; however, if the exact words cannot be stated in front of the court, the court shall consider the declaration, if the subject matter and essence of the dying declaration remain intact.

The saying '‗circumstances of the transaction which resulted in his death‘ ' has been discussed in the case of PAKALA NARAYANA SWAMI.v. EMPEROR (AIR 1939 PRIVY COUNCIL)59. In this case, the victim told his wife before leaving the house that he would head to the abode of Narayana Swamy in Berhampur to ask him for returning a certain amount that was given to him. But the victim‘s corpse was discovered later boxed-up in a trunk that has been shredded to pieces. The Privy Council was left with a choice to either consider the statement under Section 32(1) or disregard the victim‘s statement that he verbally stated to his wife minutes before heading out of the house. The court opined that the statement of the deceased to his wife comes under the purview of Section 32(1) as him heading to Berhampur was indeed one of the prime circumstances that caused the demise of the victim. And so, the scope of the expression ‗any of the circumstances of the transaction which resulted in his death‘ is way vaster than the expression ‗the cause of his death.‘

Under ordinary circumstances, the medical certificates and opinions are sought after by the court regarding the fitness of the deceased, but this is not an inflexible norm. If the medical professionals who have recorded the dying declaration of a deceased person certify the mental condition of the person were fit while recording the declaration, then the court accepts it. But it is blatantly pointed out in the case of LAXMAN.v. STATE OF MAHARASHTRA60; it is succinctly explained that medical certificate of a doctor is not an absolute necessity for the dying declaration to hold its validity. The court held –―For

59 Pakala Narayana Swami v. Emperor, AIR 1939 privy council 60 Laxman v. State of Maharashtra, AIR 2002 SC 2973

35 the reasons already indicated earlier, we have no hesitation in coming to the conclusion that the observations of this court in Paparambaka Rosamma and Others .v. State of Andhra Pradesh (MAU/SC/0558/1999) to the effect that ‗... in the absence of a medical certification that the injured was in a fit state of mind at the time of making the declaration, it would be very much risky to accept the subjective satisfaction of a magistrate who opined that the inured was in a fit state of mind at the time of making a 4 declaration‘ has been too broadly stated and is not the correct enunciation of law. It is indeed a hyper-technical view that the certification of the doctor was to the effect that the patient is conscious and there was no certification that the patient was in a fit state of mind specially when the magistrate categorically stated in his evidence indicating the questions he had put to the patient and from the answers elicited was satisfied that the patient was in a fit state of mind where after he recorded the dying declaration. Therefore, the judgment of this court in Paparambaka Rosamma and Others .v. State of Andhra Pradesh (MAU/SC/0558/1999) must be held to be not correctly decided and we affirm the law laid down by this court in Koli Chunilal Savji and another .v. State of Gujarat (MAU/SC/0624/1999) case.‖

In the situation where there is more than one dying declaration to be taken into consideration, the court will verify the entire situation and if there are any discrepancies in both the records. If the essence of one note differs from the other, the court will not accept either to be valid, unless the prosecution has provided further evidence pointing towards their authenticities. In case there are two declarations, the first one recorded by a doctor, while the second one has been said before a witness; the first one, i.e., the one that has been recorded by the doctor will be considered first. In case a part of a particular declaration is found to be untrue, only that particular part should be void and be segregated from the rest of the document and the remaining parts must be considered.

It is unlikely for a court to discredit a dying declaration only because it is not stated in a detailed manner. A court cannot as well reject to accept the validity of such declarations because the demise of the subject was not followed instantly.

If a declaration is accompanied by a statement of the victim made in front of the police in the same subject matter, the court will rely on the declaration in an uncorroborated

36 manner, which is highlighted in the case of KHUSHAL RAO .v. STATE OF BOMBAY61 that was presented in front of the apex court. The Court gave the verdict based on uncorroborated dying declaration that served as a major factor for conviction of the perpetrator. Some of the principles were given.

The general format of a dying declaration is in the form of questions and answers. But the apex court held in the case of SATISH CHANDRA.v. STATE OF MADHYA PRADESH62 that this document cannot be rejected only because it does not meet the format, if it meets the other criteria of section 32(1). In situations where the police are not present, the statement should be recorded by a magistrate. No interested third-party should be present while a person is giving his or her dying declaration to the magistrate. In cases where the declaration has been given in the oral form, the court will verify the truthfulness of it.

In the case of a written declaration that is either given in front of police or magistrate, a thumb impression or signature at the end of the document is essential. In case neither is possible, there should be reason for it written in the declaration itself. While giving the declaration, the declarant should be in a sane state of mind in front of the magistrate. It is preferable that the dying declaration is in the format of question and answer and in the exact words of the declarant. The declaration should be put in an envelope and sent to the court and not handed over to the police. However, a copy can be sent to the police so that they can investigate further into the matter. The magistrate should procure a certificate that certifies the fitness of the declarant from a doctor.

A dying declaration is a powerful document that can have decisive effects in court cases. There is a rule that declaration made by the declarant cannot be put into question by the one who has been accused in the document which leaves little or no scope for foul-play in such cases. No prescribed method or guideline is mentioned in the Evidence Act, Section 32(1) on how a dying declaration should be recorded. However, in various decisions that serve as benchmarks, the Supreme Court has laid down some instructions. When courts

61 Khushal Rao v. State of Bombay, AIR 1958 SC p.22

62 Satishchandra v. State of Madhya Pradesh, 2014 6 SCC

37 are hearing sessions of criminal cases, and cross-examining evidence, facts, and witnesses, lower courts should refer to the observations made by the Supreme Court in the case of STATE OF U.P V. KRISHAGOPAL63. It was the obersation of the court – ―There is an unmistakable subjective element in the evaluation of the degree of probability and quantum of proof. Forensic probability must, in the last analysis, rest on a robust common sense and ultimately on the trained intuitions of the judge. While the protection given by the criminal process to the accused persons is not to be eroded, at the same time, uninformed legitimization of trivialities would make a mockery of administration of criminal justice.‖

63 State of U.P v. Krishangopal, AIR 1988 SC p.2154.

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CHAPTER 5

CONCLUSION

The dying declaration of a person holds more value in the court of law if the document mentions the situation that led to the cause of the demise of the person. In these cases, the hearsay evidence is majorly taken into consideration as the declarant is not available to certify or deny the facts. Dying declarations stand at odds with the norm of cross verifying facts of court. Because, if the situation is that, the only person who has seen the circumstances that led to his demise is the declarant himself, and his statement is not taken into consideration as he is not available to attest it, then it will defy the cause of Justice64. One other reason why hearsay evidence is given more importance in the cases of dying declaration is because it is a common belief that a dying person would not resort to falsehood on his deathbed.

The principle reason being that dying declarations are made when life is ebbing out of a person, and he does not have any material gain or profit to make out of this world. And so, his mind is enlightened with thoughts that are beyond the petty worldly matters. In such a situation, a person will say only truth as he or she has nothing to gain or lose anymore. But dying declarations can become a prime factor only in cases where the court does not hold a doubt regarding its authenticity.65

Cases of Bride Burning have had a long-standing history in India. These cases arise because of several factors, but the most prominent one being demand for dowry. In some instances, the in-laws set the bride on fire, while in other cases the bride sets herself ablaze, not being able to withstand the torture any further. In many of the 'bride burning' cases, the sole evidence that the prosecution is equipped with is dying declaration, as proofs against the in-laws are hard to get in such cases. As dying declarations hold so

64 Neha Vijayvarigya, "Admissibility of Dying Declaration: Whether Justified‖2006 (1) Cri.L.J. 65 Raghuvanshi, Raghvendra Singh, Dying Declaration - 'A Man Will Not Meet His Maker with a Lie in His Mouth' (February 25, 2010).

39 much power, in recent times there has developed a tendency among many people to fabricate these declarations and harass the husband and his family. Keeping both the possibilities in mind, it has become hard to determine the truth of the situation in recent years.

Apart from dealing with the death of a person, section 32 of the Indian Evidence Act, 1872 also deals with cases when a person is not found.

Relevant facts

A dying declaration can either be in written form or be given in a verbal manner. It consists of facts and situations that pose a threat to the subject's life. It is given by a person who senses his impending death, is missing, or is bedridden.

Here are some of the points that make a dying declaration relevant and credible in the eyes of the law: -

. It delineates circumstances, causes and situations about the declarant's death . It will stand credible when the declaration lacks any ulterior motive or any scope of financial gain . When it throws light upon any relationship of the declarant . When the declaration pertains to any deed or documents related to property or other important matter . When the declaration is attested by various people and there lies no scope of doubt.

The court explicitly stated the principles pertaining to dying declarations in the case of Paniben v. State66. The case surrounded a situation where the deceased was set on fire by her son-in-law while she was sleeping. In this case, the court did a thorough analysis and came to the below-mentioned conclusions: -

1. Dying Declaration can be taken into consideration with corroboration

66Paniben vs State of gujarat. 1992 SCC (2) 474

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2. If the court is certain of the authenticity of a dying declaration, it can sentence the accused without corroboration. 3. Before acting upon a dying declaration, the court must be sure that it is not written or stated under any influence or threat. Additionally, the court should make sure that when the declarant identified the accused, he or she was in a stable state of mind. 4. If the court comes to suspect the dying declaration, it should not proceed without corroboration. 5. If the deceased was not in an awake state or did not make any dying declaration, any evidence related to it will not be taken into consideration. 6. If a dying declaration is not credible enough in the eyes of the law, it alone will not suffice for the accused to be sentenced. 7. A dying declaration will not be rejected or disregarded based on the length of it. 8. The court generally will seek the opinion of a medical expert regarding the mental fitness of the deceased. But it will not do so if an eyewitness certifies the declarant's mental sanity. 9. If the crux of the matter laid by the prosecution differs from that stated in the dying declaration, the court shall not consider the declaration in that case. 10. The court will not discredit a dying declaration based on the fact that detailed explanation leading to the situation of the deceased death has not been stated in it.

A dying declaration holds immense power as it can turn the flow of any case if it is written by adhering to the basic requisites. A dying declaration that gives a detailed description of the situation or circumstances that lead to the declarant's demise is stronger and holds more importance in the eyes of law. In recent years, the scope of Section 32(1) has expanded as the apex court has laid down several principles and formats that are to be followed while recording a dying declaration. The world is witnessing a rise in the crimes against women; the dying declaration provides her a scope to seek justice. 67

Section 32(1) is a topic that is sensitive. It brings under its purview several legal, social, and moral aspects. However, there are instances where various people have tried to

67 Dr. R. K. Gorea, ―Critical Appraisal of Dying Declaration‖JIAFM, 2004, 26(1

41 misuse this section by fabricating facts against persons they intended to harm, which poses a grave threat to the code of justice in the country. In other cases, the in-laws wrongly got involved in cases where it was solely the husband who had wronged his wife. There are cases as well, where the relatives of the bride misuse this provision and resort to giving threats to the husband and in-laws to extract money out of them. To prevent the abuse of this section, the court should scrutinize the declaration and should sentence the accused only if it is thoroughly satisfied with the declaration's authenticity.

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BIBLIOGRAPHY

BOOKS

1. Avatar Singh ―Principles of the Law of Evidence, 16th ed.2007 2. Bloemsma G. C., Dokter, J., Boxma, H., Oen, I. M. Mortality and causes of death in a burn centre. Burns 2008; 34:1103-7. 3. Nandy Apurba. ‛Thermal injuries‘, Principles of Forensic Medicine, 2002, 2 nd Ed, New Central Book Agency (p) Ltd.p263. 4. Reddy K. S. N. ‗Thermal Deaths‘, The Essentials of Forensic Medicine and Toxicology, 2009, 29th ed, Devi K. Suguna, Hyderabad, p283. 5. Vij Krishan. ―Thermal Deaths‖, Text Book of Forensic Medicine and Toxicology,

STATUTES 1. The Indian Evidence Act, 1872. 2. The Indian Penal Code, 1860. 3. The Code of Criminal Procedure, 1973. 4. Protection of Women from Domestic Violence Act, 2005.

JOURNAL 1. Ashutosh Salil, ―An Analysis of Indian and English Position of Dying Declaration‘ J297, Cri.L.J.2005 2. Deepak Arora, R. S. Dogra&Jaswant Singh, Law of Evidence, vol. 1 Madras Law journal, Madras, 1998 3. Dr. R. K. Gorea, ―Critical Appraisal of Dying Declaration‖JIAFM, 2004, 26(1). 4. Gupta BD, Jani CB. Status of compos mentis in relation to dying declaration in burn patients. JIAFM. 2004; 25(4):133 – 136. 5. Neha Vijayvarigya, "Admissibility of Dying Declaration: Whether Justified‖2006 (1) Cri.L.J.

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ARTICLES 1. Shinde AB, Keoliya AN. Socio demographic characteristics of burn deaths in rural India. Int J Healthcare Biomed Res 2013; 1:227-33. 2. Peck MD, Kruger GE, van der Merwe AE, Godakumbura W, and Ahuja RB. Burns and fires from non-electric domestic appliances in low and middle income countries. Burns. 2008; 34:303–311. 3. Sanghavi P, Bhalla K, Das V. Fire-related deaths in India in 2001: a retrospective analysis of data. Lancet. 2009; 373(9671):1282–1288. 4. Malla CN, Misgar MS, Khan M, Singh S. Analytical study of burns in Kashmir. Burns. 1982; 9:180–183. 5. Gupta RK, Srivastava AK. Study of fatal burns cases in Kanpur (India) Forensic Sci Int. 1988; 37(2):81–89. 6. Singh D, Jash PK, Tyagi S. Recent trends in burns mortality in North West India and its preventive aspects. Indian J Acad Forensic Med. 1998; 19(4):79–88. 7. Jayaraman V, Ramakrishnan KM, Davies MR. Burns in Madras, India: an analysis of 1368 patients in 1 year. Burns. 1993; 19(4):339–344. 8. Batra AK. Burn mortality: recent trends and sociocultural determinants in rural India. Burns. 2003; 29(3):270–275. 9. Ambade VN, Godbole HV. Study of burn deaths in Nagpur, Central India. Burns. 2006; 32(7):902–908. 10. Garcia-Moreno C. Gender inequality and fire-related deaths in India. Lancet. 2009; 373(9671):1230–1231. 11. Kumar N, Kanchan T, Unnikrishnan B, Rekha T, Mithra P, Venugopal A, Sundar S, Raha S. Clinico-epidemiological profile of burn patients admitted in a tertiary care hospital in coastal South India. J Burn Care Res. 2012; 33:660–667. 12. Gupta M, Gupta OK, Yaduvanshi RK, Upadhyaya J. Burn epidemiology: the Pink City scene. Burns. 1993; 19(1):47–51.

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