MUNNU RAJA & ANR. versus THE STATE OF MADHYA PRADESH

MUNNU RAJA & ANR. versus THE STATE OF MADHYA PRADESH

Both of the first two dying declarations made by Bahadur Singh are admissible and can be relied upon without corroboration; the FIR lodged by the deceased after sustaining injuries qualifies as a dying declaration under Section 32(1) of Evidence Act; hostile eye witnesses’ testimony is unreliable and should not be...

Source-derived case information.

Parties
Appellant: Munnu Raja; Appellant: Chhuttan; Respondent: State of Madhya Pradesh
Jurisdiction
India
Judgment Date
20 November 1975
Procedural Posture
Criminal Appeal / Supreme Court Appeal Under S. 2(1) of the Supreme Court (enlargement of Criminal Appellate Jurisdiction) Act, 1970
Outcome
Appeal dismissed; conviction and sentence affirmed
Legal Topics
Dying Declaration, Section 302 IPC, Appeal Against Acquittal, Admissibility of Statements, Section 32(1) Evidence Act
Criminal Law Evidence Dying Declaration Section 302 IPC Appeal Against Acquittal Admissibility of Statements Section 32(1) Evidence Act

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Parties

Munnu Raja

Appellant

Chhuttan

Appellant

State of Madhya Pradesh

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal Under S. 2(1) of the Supreme Court (enlargement of Criminal Appellate Jurisdiction) Act, 1970

Legal Issues

  1. 1 Whether the FIR can be treated as a dying declaration under Section 32(1) of Evidence Act
  2. 2 Evidentiary value of dying declaration made before investigating officer and not magistrate
  3. 3 Whether dying declaration must cover the whole incident

Ratio Decidendi

Both of the first two dying declarations made by Bahadur Singh are admissible and can be relied upon without corroboration; the FIR lodged by the deceased after sustaining injuries qualifies as a dying declaration under Section 32(1) of Evidence Act; hostile eye witnesses’ testimony is unreliable and should not be used for corroboration.

Court Disposition

Appeal dismissed; conviction and sentence affirmed

Orders

  • Judgment of Madhya Pradesh High Court convicting appellants under Section 302 read with Section 34 IPC and sentencing each to imprisonment for life confirmed
  • Appeal dismissed