Jemaben v. State of Gujarat 2025 INSC 1268 - Dying Declaration Before Doctor
Indian Evidence Act 1872- Section 32 - While dismissing criminal appeal, SC observed: The dying declaration given by the deceased before the Doctor is supported by other evidence led by the prosecution - merely because there are minor discrepancies in the version given by the prosecution witness with regard to the dying declaration and with regard to the manner of occurrence of the incident, the first dying declaration given by the deceased before the independent witness, i.e PW-3, cannot be ignored. The first dying declaration is supported by the independent documentary evidence. (Para 13)
Case Info
Case name: Jemaben v. State of Gujarat.
- Neutral citation: 2025 INSC 1268.
- Coram: Rajesh Bindal, J. and Vipul M. Pancholi, J..
- Judgment date: October 29, 2025.
Caselaws and Citations
- Nallam Veera Stayanandam & Ors. v. Public Prosecutor, High Court of A.P., (2004) 10 SCC 769.
Statutes / Laws Referred
- Indian Penal Code, 1860: Sections 302, 307, 436, 34, 120B.
- Bombay Police Act, 1951: Section 135.
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