BAKHSHISH SINGH versus THE STATE OF PUNJAB

BAKHSHISH SINGH versus THE STATE OF PUNJAB

The High Court was justified in reversing the acquittal as the dying declaration was recorded in accordance with established practice, was voluntary and unaided, and corroborated by other evidence. There was no infirmity in recording it in Urdu, nor in the prosecution's exercise of discretion regarding witnesses.

Source-derived case information.

Parties
Appellant: Bakshish Singh; Respondent: The State of Punjab
Jurisdiction
India
Judgment Date
17 September 1957
Procedural Posture
Criminal Appeal / Appeal Against Reversal of Acquittal by High Court
Outcome
Appeal dismissed
Legal Topics
Dying Declaration, Admissibility of Evidence, Discretion of Prosecutor
Criminal Law Evidence Dying Declaration Admissibility of Evidence Discretion of Prosecutor

Source-derived case record

Summary, issues, holding and outcome

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Parties

Bakshish Singh

Appellant

The State of Punjab

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Reversal of Acquittal by High Court

Legal Issues

  1. 1 Whether the dying declaration recorded in Urdu, though the deceased spoke Punjabi, is reliable and admissible.
  2. 2 Whether the prosecution's discretion in calling witnesses can be questioned.
  3. 3 Scope of dying declaration under s. 32(1) of the Indian Evidence Act, 1872.

Ratio Decidendi

The High Court was justified in reversing the acquittal as the dying declaration was recorded in accordance with established practice, was voluntary and unaided, and corroborated by other evidence. There was no infirmity in recording it in Urdu, nor in the prosecution's exercise of discretion regarding witnesses.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.