Last Will may prevail over earlier Will:-

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  Last Will may prevail over earlier Will:- In case of dispute between earlier and subsequent parts of a Will,the subsequent part of the Will will prevails ( Kaivelikkal Ambunhi & ors vs H.Ganesh Bhandary,(1995) 5 SCC-444 & Uma Devi Nambiar & ors vs TC Sidhan,( 2004) 2 SCC-321. In case of “ Jasbir Singh vs Jaspal Singh & ors ”,2016 SCC Online P & H-3416,it   was held that the last will would prevail and the previous Will automatically deemed to have been cancelled, even in the absence of any specific clause.
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Dying Declarations & above 80% Burn Injuries:-A study

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                                             Dying Declarations & above 80% Burn Injuries:-A study

“Nemo morituries praesumiture mentire. No one at the point of death is presumed to lie”.”A man will not meet his maker with a lie in his mouth”-is the philosophy in law1.

The principle based on the reliability of dying declaration is religious. Every religion has its own philosophy but almost all religious institutions had visualized the concept of life after death. The belief that a person dying with lie on his lips will face dreadful consequences and that the person dying with truth, will be rewarded by its creator has affected the psyches of people. As a measure of safety original dying declaration should be sent to the Court & its Photostat should be kept in the case file.


 

Its admissibility is explained in Section 32(1) of Indian Evidence Act,1872.According this section when the statement is made by a person as to the cause of his death, or any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person’s death comes into question. Such statements are relevant whether the person who made this was expecting death or not. In English Law, “he must be under expectation of death only then declaration is valid”.If the person making the declaration survives,his statement is anadmissible as a dying declaration but it might be relied on under the provision of Sec.157 of Cr.P.C. 2.

 

A dying declaration can be oral or in writing & any adequate method of communication whether by words or by signs or otherwise will suffice provided the indication is positive & definite. In most cases, however, such statements are made orally before death ensues and is reduced to writing by someone like a Magistrate or a doctor or a police officer. When it is recorded, no oath is necessary nor is the presence of a Magistrate absolutely necessary, although to assure authenticity it is usual to call a Magistrate, if available for recording the statement of a man about to die. What is essentially required is that the person who records a dying declaration must be satisfied that the deceased was in a fit stage of mind. A certification by the doctor is essentially a Rule of caution & therefore the voluntary & truthful nature of the declaration can be established otherwise3.Dying declaration could be short, concise and to the point because detailed statement covering minutest details could not be expected from the declarant who is under a severe stress & agony 4.There is no law which mandates that a dying declaration should be recorded only be a Magistrate 5.

 

We can trace the admissibility of the dying declaration U/Ss 6,7 & 32 of Indian Evidence Act the Rule  of admissibility of dying declaration can be traced to King vs Woodcock (1789) 168 ER-352,which is considered to be the most important case law on the aspect of dying declaration, as in that case the declaration of deceased therein(Silvia) was the only evidence as to what happened to her, came from Silvia herself. The Court therein categorically justified the usage & importance of dying declaration to be “made in extremity, when the party is at the point of death, when every hope of this world is gone; when every motive to falsehood is silenced, & the mind is induced by the most powerful considerations to speak the truth’.


Bibliography:-

          1.  Laxmi vs Om Prakash & ors RLW 2001(3) SC-469:(2001) 6 SCC-118

          2.  Heera Lal vs State of UP(2001 Cri.L.J.-2849(All).

          3.  Laxman vs State of Maharashtra (2002) 6 SCC-710

          4.  Laljit Singh vs State of UP (AIR 2000 SC-3594).

          5.   Rajendra vs State of Maharashtra(2006) 10 SCC-759 

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