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Which one of the following cases is related to the dying declaration?
Question

Which one of the following cases is related to the dying declaration?

A.

Mehboob Shah v. King Emperor

B.

Queen v. Abdullah

C.

Motayya v. King Emperor

D.

M.C. Vergese v. Ponane

Correct option is B


The correct answer is (b) Queen v. Abdullah. The case of Queen v. Abdullah is a landmark case concerning the dying declaration. In this case, the Court laid down important principles regarding the admissibility and reliability of a dying declaration under the Indian Evidence Act. A dying declaration is considered highly reliable since it is presumed that a person on the verge of death would not lie. The case highlighted that a dying declaration if made voluntarily and with a sound state of mind, can be a basis for conviction even without corroboration.
Information Booster
A dying declaration is covered under Section 32(1) of the Indian Evidence Act, 1872. It states that statements made by a person as to the cause of their death, or as to any of the circumstances resulting in their death, in cases in which the cause of that person's death comes into question, are relevant. The principle is based on the maxim nemo moriturus praesumitur mentiri, which means "a man will not meet his Maker with a lie in his mouth."
Additional Knowledge
· (a) Mehboob Shah v. King Emperor This case is related to the concept of common intention under Section 34 of the Indian Penal Code.
· (c) Motayya v. King Emperor This case relates to the presumption of innocence in the criminal justice system.
· (d) M.C. Vergese v. Ponane This case is relevant to the interpretation of the Indian Evidence Act concerning the admissibility of evidence in civil cases.

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