Question from RONE, Can a First Information Report be Considered as a Dying Declaration in India?
Answer from AI:
In India, the law regarding dying declarations is governed by Section 32(1) of the Indian Evidence Act, 1872. This section states that any statement, written or verbal, made by a person who is dead, in cases in which the cause of that person’s death comes into question, is relevant. However, it is important to note that this applies when the statement is made under the expectation of death.
Defence Argument Against FIR as Dying Declaration
As a defence lawyer, you could argue that the First Information Report (FIR) lodged by Mahima cannot be considered a dying declaration because at the time of lodging the FIR, she was not in expectation of death. This is a crucial requirement for a statement to be considered a dying declaration under Section 32(1) of the Indian Evidence Act.
In the case of Laxman vs State Of Maharashtra, the Supreme Court of India held that the dying declaration is only valid if the person making it is in a fit mental condition and is not under any duress or influence. In Mahima’s case, she was healthy and conscious when she lodged the FIR, indicating that she was not expecting to die.
Prosecutor’s Rebuttal to Defence’s Argument on Cause of Death
As a public prosecutor, you could rebut the defence’s argument that the actual cause of death was a heart attack by referring to the post-mortem report and the eyewitness testimonies. The post-mortem report clearly states that the fatal injuries to the head and heart could have been the causes of her death. The eyewitnesses also confirmed that the injuries were inflicted by Geeta and Bhavana.
In the case of Sharad Birdhichand Sarda vs State Of Maharashtra, the Supreme Court of India held that the cause of death has to be proved beyond reasonable doubt in a murder case. The prosecution can argue that the injuries inflicted by Geeta and Bhavana, as confirmed by the eyewitnesses and the post-mortem report, meet this standard of proof.
It is important to consult with a legal professional for personalized advice. This information is a general guideline and does not constitute legal advice.