Dying Declaration To Be Recorded In Declarant’s Own Language

In CHIKKANNA SHETTY vs THE STATE OF KARNATAKA, the High Court observed that sophisticated bookish language employed in the declaration raises reasonable doubt as to whether declarant’s mind was translated into writing in its true sense and further held that dying declaration shall be recorded in the language expressed by the declarant.

In the instant case, the deceased victim, according to the prosecution case, was an illiterate, coolie with rustic background, but the dying declaration was seen recorded in a sophisticated language.

Article referred: http://www.livelaw.in/dying-declaration-recorded-declarants-language-karnataka-hc-read-judgment/

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