A person suffering 100 % burn injuries could be deemed capable enough for the purpose of making a dying declaration

A person suffering 100 % burn injuries could be deemed capable enough for the purpose of making a dying declaration. - Says Supreme Court

Vijay Pal v. State (GNCT) of Delhi
CRIMINAL APPEAL NO. 2153 OF 2011

Judgment Dated : 10/03/2015

CORAM : DIPAK MISRA .J , N.V. RAMANA .J

CATCHPHRASE :
1. How an oral dying declaration is to be scrutinized? (Laxman v. State of Maharashtra (2002) 6 SCC 710)

2. PLEA of ALIBI : When a plea of alibi is taken by an accused, burden is upon him to establish the same by positive evidence, after onus as regards presence on the spot is established by the prosecution. (Refer para 23)

3. The dying declaration can be oral or in writing and any adequate method of communication whether by words or by signs or otherwise will suffice, provided the communication is positive and definite.