In Ulka Ram v. State of RajasthanApex Court held that, ȃWhen a statement is made by a person as to cause of his death or as to any circumstances of transaction which resulted into his death, in case in which cause of his death comes in question is admissible in evidence, such statement in law are compendiously called dying declaration.ȄForms of Dying Declaration: There is no particular form of dying declaration. It may be either written or verbal or gesture and signs forms. In the case of ȃQueen
13 | P a g eversus Abdulla, ILR 7 ALL 385Ȅ, it was held that if the injured person is unable to speak, he can make dying declaration by signs and gesture in response to the question. In this case deceased whose throat was slit by the accused was unable to speak. When the name of ȃAbdullahȄwas taken she moved her hand up and down. This was understood to be sign of affirmation and was admissible as dying declaration A dying declaration may be made to anyone, to a police officer, to a doctor, to any person but if it is made to a Magistrate and is recorded by him, then it will have greater evidentiary value. The declaration is such a case of is regarded of higher credibility. 1. Incomplete Dying Declaration: An incomplete dying declaration is inadmissible. But, if the statement, though incomplete in the sense that the declarant could not state all that he wanted to state, yet whatever, he state is complete in respect of a certain fact, the statement would not be excluded on the ground of its being incomplete. In the case of Abdul Sattar Versus State of Mysore, AIR 1956 SC168, the deceased stated ȃI was going home, when I came near the house of Abdul Majid, Sattar shot me from the bush. He ran away I sawȄ. The dying man was in no condition to answer any further. Their Lordship held, ȃunder the circumstances though incomplete was complete in so far as the accused Sattar having shot the deceased was concerned and could certainly be relied upon. 2. FIR as Dying Declaration: A report made by the deceased relating as to the caused of death or as to any of circumstances of the transaction which resulted in his death shall be relevant as dying declaration under section 32(1).103. Gestures & signs form: In the case of Queen-Empress v. AbdullahAccused had cut the throat of the deceased girl & because of that, she was not able to speak so, she indicated the name of the accused by the signs of her hand, it was held by the full 10
14 | P a g ebench of the Allahabad High Court ȃIf the injured person is unable to speak, he can make dying declaration by signs & gestures in response to the question.ȄIn another case The Apex Court observed that ȃthe value of the sign language would depend upon as to who recorded the signs, what gestures & nods were made, what were the questions asked, whether simple or complicated & how effective & understandable the nods & gestures were.Ȅ4. Language of statement:Where the deceased made the statement in Kannada &
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