Source: Supreme Court 

Why in News?

This case centered around the reliability of an oral dying declaration made to the victim's mother, with the Supreme Court establishing important principles regarding the admissibility and scrutiny of such declarations. 

• SC ruled this in the case of The State of Madhya Pradesh v. Ramjan Khan & Ors. 

What is the Background of The State of Madhya Pradesh v. Ramjan Khan & Ors Case? 

• The case revolves around a murder incident from 1st October 1996, where Naseem Khan was allegedly killed by three accused using different weapons.  
• The evidence was an oral dying declaration allegedly made by the victim to his mother (PW-8) before his death.  
• The mother claimed that her dying son named the three accused - Ramjan Khan, Musab Khan, and Habib Khan - as his attackers.  
• While the trial court accepted this declaration and convicted the accused, the High Court found the declaration unreliable and acquitted them, leading to the State's appeal before the Supreme Court. 

What were the Court’s Observations?  

• The Supreme Court conducted a detailed examination of the oral dying declaration's reliability.  
• The Court noted significant omissions in the mother's initial documentation neither the FIR (Ext. P12) nor her police statement (Ext. D3) mentioned any dying declaration.  
• More critically, there was no evidence establishing that the victim was in a fit state to make such a declaration.  
• The Court emphasized that the prosecution failed to produce any corroborative evidence, noting that even the victim's brothers (PW-5 and PW-9), who were allegedly present, did not mention any dying declaration in their testimonies.  
• The Court observed that "oral dying declaration should be of such a nature as to inspire full confidence of the court in its correctness." 

What is the Law Related to Oral Dying Declaration? 

Dying Declaration 

• A dying declaration is a statement made by a person about the circumstances of their death before they die.  
• It's based on the legal maxim 'nemomoriturus prae-sumitur mentire' - meaning a person won't meet their maker with a lie in their mouth.  
• Under Section 32(1) of the Indian Evidence Act, 1872 (IEA) now Section 26 (a) of Bharatiya Sakshya Adhiniyam, 2023 (BSA) such statements are admissible as evidence when they relate to the cause of death or circumstances leading to death. 

Essential Requirements 

• The declarant must have been in actual danger of death when making the statement 
• They must have had full awareness of this danger 
• Death must have occurred subsequently 

Legal Status and Evidentiary Value 

• It can be the sole basis for conviction without requiring corroboration 
• It's an exception to the hearsay evidence rule 
• The burden of proving the dying declaration lies with the prosecution 

Specific Considerations for Oral Dying Declaration 

When dealing with oral dying declarations, courts should: 

• Look for corroboration as a matter of prudence to verify truthfulness 
• Evaluate the circumstances under which the statement was made 
• Consider whether there was sufficient opportunity for observation (especially in cases occurring at night) 
• Check if the statement was made at the earliest opportunity 
• Verify that it wasn't the result of tutoring by interested parties 

Recording and Documentation 

• It should ideally be in question-answer format 
• The exact words of the declarant should be preserved when possible 
• A magistrate should record it in the absence of police 
• No interested persons should be present during recording 
• The declaration should be sent to court through a special messenger, not via police 
• A copy may be provided to police for investigation purposes 

Medical Certification 

• While medical opinion about the declarant's fitness is valuable, it's not mandatory 
• If witnesses or the recording official can satisfactorily establish the declarant's mental fitness, the declaration can be accepted 
• The Supreme Court has clarified that medical certification is not a sine qua non for accepting dying declarations 

Grounds for Rejection or Acceptance 

A dying declaration should not be rejected merely because: 

• It doesn't give precise details of all weapons used 
• The declarant didn't die immediately 
• It's brief or doesn't contain all details of the occurrence 

However, it can be rejected if: 

• It contradicts the core of the prosecution case 
• It appears to be the result of tutoring or imagination 
• The declarant was not in a fit mental state 
• It suffers from serious inconsistencies that cannot be separated from the main content