no circumstance of any transaction resulting in the death

S. 32 (1) – Dying declaration - When not admissible - Letter of deceased stating that in the event of his death the appellant shall be held responsible as appellant intended to kill him – Only an apprehension expressed by the deceased but no circumstance of any transaction resulting in the death - Held, requirement of the provision not fulfilled – Such evidence inadmissible in law

In the present case, except the apprehension expressed by the deceased, the statement made by him does not relate to the cause of his death or to any circumstance of the transaction which resulted in his death. Once so held, the note does not satisfy the requirement of s. 32(1) of the Evidence Act. The note, therefore is not admissible in evidence and, thus, cannot be considered as such to enable exercise of power under s. 319 CrPC. The Note written by the deceased does not relate to the cause of his death or to any of the circumstances of the transaction which resulted in his death and therefore, is inadmissible in law.

Case Law:
Babubhai Bhimabhai Bokhiria and another v. State of Gujarat and others;

Citation:
(2014) 2 SCC (Cri) 644)