MOTI SINGH AND ANOTHER versus STATE OF UTTAR PRADESH

MOTI SINGH AND ANOTHER versus STATE OF UTTAR PRADESH

The dying declaration of Gaya Charan was inadmissible because there was no evidence to establish that the injuries received in the incident were the cause of his death. Without this connection, Section 32(1) of the Evidence Act does not permit the dying declaration's admission in evidence. As the High Court had...

Source-derived case information.

Parties
Appellant: Moti Singh; Appellant: Jagdamba Prasad; Respondent: State of Uttar Pradesh
Jurisdiction
India
Judgment Date
23 January 1963
Procedural Posture
Criminal Appeal / Appeal by Special Leave From the Judgment and Order Dated February 2, 1962, of the Allahabad High Court
Outcome
Appeal allowed; appellants acquitted.
Legal Topics
Dying Declaration, Admissibility of Evidence
Criminal Law Evidence Dying Declaration Admissibility of Evidence

Source-derived case record

Summary, issues, holding and outcome

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Parties

Moti Singh

Appellant

Jagdamba Prasad

Appellant

State of Uttar Pradesh

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From the Judgment and Order Dated February 2, 1962, of the Allahabad High Court

Legal Issues

  1. 1 Whether the dying declaration of the deceased Gaya Charan is admissible under Section 32(1) of the Indian Evidence Act, 1872, when the cause of death is not established as resulting from the injuries sustained in the incident

Ratio Decidendi

The dying declaration of Gaya Charan was inadmissible because there was no evidence to establish that the injuries received in the incident were the cause of his death. Without this connection, Section 32(1) of the Evidence Act does not permit the dying declaration's admission in evidence. As the High Court had relied primarily on this inadmissible evidence for the convictions, the convictions could not be sustained.

Court Disposition

Appeal allowed; appellants acquitted.

Orders

  • Order of the High Court set aside.
  • Moti Singh and Jagdamba Prasad acquitted of all offences for which they were convicted.