Question from RONE, Can a First Information Report (FIR) be considered as a Dying Declaration?
Answer from AI:
Defence Argument Against FIR as Dying Declaration
As a defence attorney, you could argue that the FIR cannot be considered a dying declaration. The Indian Evidence Act, 1872, in Section 32(1), defines a dying declaration as a statement made by a person who believes that death is imminent due to the injuries they have sustained.
In this case, when Mahima lodged the FIR, she was healthy and conscious, indicating that she did not believe her death was imminent. Therefore, the FIR cannot be considered a dying declaration.
In the precedent case of Laxman vs State of Maharashtra, the Supreme Court of India held that for a statement to qualify as a dying declaration, the declarant must have had a real apprehension of death at the time of making the statement.
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 and not the injuries by referring to the post-mortem report and the eyewitness testimonies.
The post-mortem report clearly stated that the fatal injuries to the head and heart could have been the causes of her death. The eyewitnesses also confirmed that the head injuries were caused by Geeta and the heart injuries were caused by Bhavana.
In the precedent case of Laxman vs State of Maharashtra, the Supreme Court of India held that the cause of death in a murder case can be established by the prosecution beyond reasonable doubt based on medical and other evidence.
It is crucial to consult with a legal professional for personalized advice in such complex legal matters.