MAHADEO NARAYAN Vs.

STATE OF MAHARASTRA
Submitted by:

Nishant Aryaman (2240), B.B.A. L.L.B. (Hons.)

Submitted to:

Dr. Meeta Mohini

Assistant Professor of Law of Evidence, Chanakya National Law University, Patna

This rough draft is submitted in the partial fulfillment in Evidence Law for the

Completion of the B.B.A. L.L.B. course.

January, 2021

Chanakya National Law University, Patna

 INTRODUCTION

The given case date back to 1990, when the incident happened. The case deals with evidence
given by a person on her death bed, that is, dying declaration.

FACTS: Sukhdeo and his brothers were living separately in adjacent houses. Sukhdeo sold three
lambs and then his brothers started demanding share from the money Sukhdeo got after selling
the lambs. He denied providing for any share and then his wife was threatened by the brothers of
Sukhdeo. Sushila had therefore lodged a report on 16.10.1990 with the Police.

The next day, Sushila was found burning and Sukhdeo tried to put out the fire. Sushila told her
husband that she was set ablaze by the appellants, i.e., Sukhdeo’s brothers. Three dying
declarations were made by the deceased in which the last one was recorded by a Special
Executive Magistrate in which Sushila reiterated that the Appellants had set her on fire. Sushila
expired in the hospital five days later i.e., on 21.10.1990. The post mortem report confirmed that
the death was caused with shock due to 91% burn injuries.

The trial court, giving benefit of doubt, acquitted them of all the charges. The State being
aggrieved, preferred Appeal before the High Court. The High Court on re-appreciation of the
evidence found that the prosecution had brought home the case against the Appellants, that the
trial court had not considered the dying declarations vis-Ã -vis the circumstances appearing on
the record in proper perspective and that its approach was quite perverse. The High Court found
the Appellants guilty and sentenced them to undergo imprisonment for life. The appeal was filed
in Supreme Court against the order given by High Court.

JUDGEMENT: The appeal was dismissed

PROVISION: The provision, that was highlighted in the present case is related to Section 32(1)
of the Indian Evidence Act, that is, dying declaration. Section 32(1) says,

When it relates to cause of death. –– When the statement is made by a person as

to the cause of his death, or as to any of the circumstances of the transaction
which resulted in his death, in cases in which the cause of that person’s death
comes into question.
 Such statements are relevant whether the person who made them was or was not,
at the time when they were made, under expectation of death, and whatever may
be the nature of the proceeding in which the cause of his death comes into
question.

CHAPTERIZATION

1. Introduction (Facts and definition)

2. Section 32(1); Object and Scope
3. Dying Declaration under English Law
4. Dying Declaration: Exception to Rule against Hearsay
5. Forms of Dying Declaration
6. Analysis of the Judgement
7. Conclusion