Gulzari Lal Vs. State of Haryana
Indian Penal Code,1860 - Section 302 , Section 323 , Section 34
Dying Declaration - Corroboration - Conviction by the High Court was based not only on the statements made by deceased) but also on the un-shattered testimony of the eye- witness and the statement of the independent witness PW-11 - No reason found to interfere with the impugned judgment and order passed by the High Court - Appeal being devoid of merit liable to be dismissed.
The Indian Evidence Act, 1872 - Section 32 (1)
Dying Declaration - Non-obtaining a certificate of fitness of the declarant by a medical officer - Held that a valid dying declaration may be made without obtaining a certificate of fitness of the declarant by a medical officer - No reason to question the reliability of the dying declaration of the deceased for the reason that at the time of recording his statement by Head Constable, he was found to be mentally fit to give his statement regarding the occurrence - Further, evidence of Head Constable (PW-7) was shown to be trustworthy and has been accepted by the courts below - The view taken by the High Court does not suffer from any infirmity and the same is in order.
Topic(s)-Dying Declaration - Corroboration - Conviction