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september 1957

Supreme Court of India · 1957-09-17

BAKHSHISH SINGH vs THE STATE OF PUNJAB

Citation / case number
SC 1956/100
Court
Supreme Court of India
Petitioner
BAKHSHISH SINGH
Respondent
THE STATE OF PUNJAB
Bench
KAPUR, J.L.

Judgment text excerpt

The Supreme Court held that the recording of a dying declaration in Urdu, despite the deceased speaking in Punjabi, does not invalidate the statement as per Section 22(1) of the Indian Evidence Act, 1872. The Court emphasized that the purpose of a dying declaration is to ascertain the cause of death or circumstances leading to it, and irrelevant details should be excluded unless necessary for coherence. The prosecution's discretion in not examining a witness mentioned in the declaration was upheld, affirming that there is no obligation to call every witness.

BAKHSHISH SINGH vs THE STATE OF PUNJAB · Niyam