Whether person suffering from 99%burn injury can be in fit state of mind to give dying declaration?

 It is contended by the learned counsel for the appellant when the deceased sustained 100% burn injuries, she could not have made any statement to her brother. In this regard, we may profitably refer to the decision in Mafabhai Nagarbhai Raval v. State of Gujarat[9] wherein it has been held a person suffering 99% burn injuries could be deemed capable enough for the purpose of making a dying declaration. The Court in the said case opined that unless there existed some inherent and apparent defect, the trial Court should not have substituted its opinion for that of the doctor. In the light of the facts of the case, the dying declaration was found to be worthy of reliance.

Supreme Court of India

Vijay Pal vs State(Gnct)Of Delhi on 10 March, 2015

Bench: Dipak Misra, N.V. Ramana

            Citation;2015(2) Crimes 64 SC

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Whether person suffering from 100 % burn injuries is capable of making dying declaration?

It is contended by the learned counsel for the
appellant when the deceased sustained 100% burn
injuries, she could not have made any statement to her
brother.
In this regard, we may profitably refer to the
decision in Mafabhai Nagarbhai Raval v. State of
Gujarat wherein it has been held a person suffering
99% burn injuries could be deemed capable enough for
the purpose of making a dying declaration. The Court in
the said case opined that unless there existed some
inherent and apparent defect, the trial Court should not
have substituted its opinion for that of the doctor. In the
light of the facts of the case, the dying declaration was
found to be worthy of reliance.
22. In State of Madhya Pradesh v. Dal Singh and
Others10, a two-Judge Bench placed reliance on the dying
declaration of the deceased who had suffered 100% burn
injuries on the ground that the dying declaration was
found to be credible.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 2153 OF 2011

Vijay Pal Vs  State (GNCT) of Delhi

Dated;MARCH 10, 2015.

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