Conviction can be sustained on dying declaration alone: SC

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New Delhi, Feb 10 (UNI) The Supreme Court has held that a man on death bed does not lie and therefore a dying declaration needs no corroboration as there is a popular belief that 'A man will not meet his maker with a lie in his mouth.' A bench comprising Justices Arijit Pasayat and P Sathasivam while upholding the conviction and sentence of a man found guilty of murdering his own nephew on September 28, 1993, has found no reason to doubt the veracity of the dying declaration of the victim which was consistent through out.

''We see no reason why the doctor or the other witnesses should make a false statement about the dying declaration. There is no allegation of enmity between accused and these persons,'' the bench said.

Recalling from earlier judgement, the apex court said a dying declaration made by a person on the verge of his death has special sanctity as at that solemn moment, a person is most unlikely to make false statement.

Matthew Arnold has once said 'truth sits on the lips of a dying man'.

Bijoy Das had shot dead his nephew Sisir Kumar Das alias Ajoy near his house and the deceased has succumbed to his injuries in the hospital after ten days. A Trial court in West Bengal had sentenced him to life imprisonment which was affirmed by the Calcutta High Court.

The apex court has finally, dismissed the appeal filed by Bijoy challenging the life sentence by holding that dying declaration is found reliable, there is no need for corroboration by any witness and conviction can be sustained on its basis alone.

UNI AKS/SC BDP RS1714

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