LAXMI NARAYAN Vs. STATE OF M.P.

JUDGEMENT

(1.) The provision of dying declaration envisaged under Section 32 (1) of the Indian Evidence Act is based on maxim nemo moriturus praesumitur mentiri. This provision is the only exception of the heresay evidence. The Supreme Court in the case of State of Maharashtra v. Sanjay, 2005 SCC(Cri) 231, has held that the dying declaration must inspire full confidence in its truthfulness and correctness.

(2.) One bare perusal of first dying declaration (Ex. D/1), which was recorded by Executive Magistrate Shri T.S. Ahirwar (DW-3), it is gathered that the deceased was in her senses, when the said dying declaration (EX.D/1) was recorded. The doctor on duty also certified on the memorandum of dying declaration (Ex.D/1) in that regard.

(3.) In the dying declaration (Ex.D/1), it has been specifically stated by the deceased that her sari border (palla) came in contact with the burning stove, as a result of which, her sari caught fire and she sustained burn injuries.