P.V. RADHAKRLSHNA versus STATE OF KARNATAKA

Citation: [2003] SUPP. 1 S.C.R. 745 · Decided: 25-07-2003 · Supreme Court of India · Bench: DORAISWAMY RAJU · Disposal: Dismissed

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Judgment (excerpt)

P.V. RADHAKRlSHNA 
A 
v. 
STA TE OF KARNA T AKA 
JULY 25, 2003 
[DORAlSWAMY RAJU AND ARIJIT PASA Y AT, JJ.] 
B 
Evidence Act, 1872-Section 32: 
Dying Declaration when not corroborated-Evidentiary value of-
He/d: When court is satisfied that dying declaration is not the result of C 
tutoring, prompting or product of imagination but made by deceased 
voluntarily and also the declarant was in fit state of mind while making 
dying declaration, such declaration is credible and cogent and can form 
basis for convicting the accused. 
Dying declaration-Probability of making-Relevant factors-Held: 
Percentage of burns alone does not determine probability or otherwise of 
making dying declaration-Nature of burns, part of body affected, impact of 
burn on faculties to think and convey idea or facts coming to mind are 
relevant factors. 
Maxims: 
"Nemo moriturus proesumitur mentiri"-Meaning of 
D 
E 
According to the prosecution, the appellant and his wife quarrelled over 
certain domestic differences and the apiiellant-accused poured kerosene and p 
set his wife on fire. She was taken to hospital for treatment where the police 
official recorded her statement in the presence of the doctor. She died the 
next day. Trial Court relied on the dying declaration and convicted and 
sentenced the appellant-accused. High Court upheld the order. Hence the 
present appeal. 
G 
Appellant-accused contended that the doctor in whose presence the 
statement was recorded stated that the deceased had suffered 100% burns 
thus, it is highly improbable that the deceased was in a fit state pf mind to 
give the dying declaration; that there is no mention in the document that the 
deceased was in a fit state of mind to give the statement; that the post-mortem H 
745 
746 
SUPREME COURT REPORTS [2003] SUPP. I S.C.R. 
A report stated that the burns suffered were second and third degree burns and 
with those types of burns it is unlikely that the condition of the deceased 
permitted making of a statement and putting of signature; and that the 
conviction is impermissible solely on the basis of dying declaration. 
Respondent-State contended that dying declaration can be the sole basis 
B for conviction if it is found to be credible and cogent. 
Dismissing the appeal, the Court 
HELD: I.I. The principle on which dying declaration is admitted in 
evidence is indicated in legal maxim "nemo moriturus proesumitur men/in" -
C a man will not meet his maker with a lie in his mouth." The situation in which 
a person is on deathbed is so solemn and serene when he is dying that the 
grave position in which he is placed, is the reason in law to accept veracity of 
his statement. It is for this reason the requirements of oath and cross-
examination are dispensed with. Besides, should the dying declaration be 
D excluded it will result in miscarriage of justice because the victim being 
generally the only eye-witness in a serious crime, the exclusion of the 
statement would leave the court without a scrap of evidence. (750-F-HI 
1.2. The dying declaration is only a piece of untested evidence and must 
like any other evidence, satisfy the Court that what is stated therein is the 
E unalloyed truth and that it is absolutely safe to act upon it. If after careful 
scrutiny the Court is satisfied that it is true and free from any effort to induce 
the deceased to make a false statement and if it is coherent and consistent, 
there shall be no legal impediment to make it the basis of conviction, even if 
there is no corroboration. (752-F-GJ 
F 
1.3. There is no hard and fast rule of universal application that the 
percentage of burns suffered is determinative factor to affect the credibility 
of the dying declaration and the improbability of its recording. Much would 
depend upon the nature of the bum, part of the body affected by the bum, impact 
of the burn on the faculties to think and convey the idea or facts coming to 
G mind and other relevant factors. Thus, the percentage of burns alone would 
not determine the probability or otherwise of making dying declaration. 
(753-D-EI 
1.4. In the instant case, there is no material to show that dying 
declaration was result of product of imagination, tutoring or prompting. On 
H the contrary, the same appears to have been made by the deceased voluntarily. 
P.V.RADHAKRISHNA v. STATEOFKARNATAKA[PASAYAT,J.] 747 
It is trustworthy and has credibility. Moreover, state of mind was proved by A 
testimony of the doctor who was present 

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