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PADMASHREE DR . D.Y. PATIL LAW COLLEGE PIMPRI,PUNE – 411018. MOOT COURT NO. – 2 DATE : 28 JAN . 2013. STUDENT ADVOCATE POKHARKAR CHHAYA BHAUSAHEB B.COM.LL.B.-III ROLL NO . - 16. IN THE COURT OF HIGH COURT OF BANGALORE AT KARNATAKA RAHUL Appellant V/S State of Karnataka Respondent Appearing on behalf of Respondent INDEX SR.NO | PARTICULARS | PAGE NO. | 1. | List of Abbreviations | | 2 | Authority Cited | | 3 | Statement Of Jurisdiction | | 4 | Fact Of Case | | 5 | Issue Of The Case | | 6 | Body Of Pleading | | 7 | Prayer Clause | | LIST OF ABBREVIATIONS 1. Indian Evidence Act 1872 2. Indian penal code 1860…show more content…
The court says that the dying declaration which has been found to be voluntary and truthful and which is free from any doubts then It has sole basis for convicting the accuse. Dying Declaration :- Under section 32 of Evidence act gives meaning, The Dying Declaration is the statement by person as to cause of his death or as to any of the circumstance resulting in his death it become relevant u/sec.32(1) of Evidence act. It is an exception to the rule of hearsay and makes admissible the statement of deceased whether death is homicidal or suicidal provide that the statement relate to the cause of death. Evidentiary value of Dying Declaration:- Conviction in murder case on the basis of truthful Dying Declaration even made to police and to parents and not even to Magistrate, is sufficient to convict the accuse and there is no specified form for such recording. Consequently, the Evidential value has to be attach to such statement. In this case the Gopalakrishna he gives his Dying Declaration about cause of his death by fit state of mind before Magistrate so it has evidential value and other witness become Hostile, so Declaration is sole consider for conviction. In the above given case supreme court ruled that a person can be convicted solely on the basis of Dying Declarations long as it was trustworthy even if other witness turn Hostile. 2. Whether self defense was taken by
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