Case Note & Summary
The case involved an appeal against the conviction of Bakshish Singh for murder based on the dying declaration of the deceased, Bachhinder Singh. The Sessions Court had initially rejected the dying declaration on the grounds that it was recorded in Urdu while the deceased spoke in Punjabi, and that the presence of interested witnesses during the recording compromised its authenticity. The Supreme Court examined the admissibility and reliability of the dying declaration, emphasizing that the language of recording should not invalidate the statement. The court noted that the recording in Urdu was standard practice in Punjab and did not affect the declaration's validity. The court also addressed the prosecution's discretion in calling witnesses, ruling that the absence of a witness who was allegedly won over did not warrant an adverse inference against the prosecution. Ultimately, the Supreme Court upheld the High Court's decision to accept the dying declaration as credible evidence, leading to the dismissal of the appeal against the conviction.
Headnote
A) Criminal Law - Dying Declaration - Admissibility of Dying Declaration - Indian Evidence Act, 1872, Section 32(1) - The court held that the recording of a dying declaration in Urdu, despite the deceased speaking in Punjabi, does not invalidate the statement, as the language used for recording in Punjab has historically been Urdu. The court emphasized that the essence of a dying declaration is to ascertain the cause of death or circumstances leading to it, and irrelevant details should be excluded unless necessary for coherence (Paras 1-2).
Issue of Consideration
Whether the dying declaration recorded in Urdu, while the deceased spoke in Punjabi, was admissible and reliable.
Final Decision
The Supreme Court dismissed the appeal, affirming the conviction based on the admissibility and reliability of the dying declaration recorded in Urdu.
Law Points
- Dying declaration
- Recording in Urdu
- Reliability
- Discretion of prosecutor
- Indian Evidence Act
- 1872
- Section 32(1)
