Dying declaration- Recording of-Procedure

2020 (2) KCCR SN 143 (SC)
SUPREME COURT OF INDIA
(Criminal Appellate Jurisdiction)
(From the High Court of Delhi)

Purshottam Chopra and Another
Versus
State (Government of NCT Delhi)

Criminal Appeal Nos. 194-195 of 2012, decided on 7.1.2020

PENAL CODE, 1860-Section 302-Murder-Proof-Dying declaration clearly implicating accused and also found to be reliable-Defence coming out with incomplete and uncertain theory-Plea that accused have not been identified-That motive has not been proved-Not sustained in view of evidence on record- Plea of conversion of case to one under Section 304, Part II-Noted only to be rejected-Held, accused have been rightly convicted under Section 302.

EVIDENCE ACT, 1872-Section 32-Dying declaration- Recording of-Procedure-Intended only to ensure that declaration was recorded in manner that its credence does not remain questionable.