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Home > News > PTI

Dying declaration must be in mother tongue: HC

November 25, 2006 22:10 IST

A dying declaration recorded in a language other than a person's mother tongue was not acceptable as evidence in a court of law, the Calcutta high court has ordered.

A division bench of Justices P N Sinha and P S Dutta observed that the words of a dying person could be distorted while translation.

Citing the above, they acquitted a man sentenced to life imprisonment for allegedly killing his wife.

The order was passed on Tuesday but a certified copy was available only on Friday.

It said that people did not speak in any language other than their mother tongue when they are dying.

The court let off the accused, Fatik Let, and said it could not take into account his illiterate wife's dying declaration, recorded in English in August 1992.

The court found that the dying declarations submitted by the doctors and the police were contradictory.

As per the prosecution's case, Fatik's wife Minati was admitted to the Rampurhat sub-divisional hospital with serious burns. Her dying declaration was recorded by a police officer.

On the basis of a complaint by Minati's brother that Fatik and two others set her on fire, police arrested all three. But they could frame charges only against Fatik.

Fatik had moved the high court after a sessions judge at Rampurhat in Birbhum district convicted him in March 2003.

© Copyright 2006 PTI. All rights reserved. Republication or redistribution of PTI content, including by framing or similar means, is expressly prohibited without the prior written consent.
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Number of User Comments: 12

Sub: View

What if the authorities recording the declaration do not understand the mother tongue of the victim? Can the meaning not be lost in translation in ...

Posted by Kaushik Das

Sub: what crap ?

the latest verdict on mothertongue being the only accepted language is all bull. i think what is necessary is that the statement should be recorded ...

Posted by Geraldm

Sub: HC Order on dying declaration

There seems to be something wrong with the verdict. It should "The Dying Declaration should be recorded in the language in which it is delivered ...

Posted by Sundarraj Kaushik

Sub: I am more conversent in Hindi and English

Hi, I wanted to bring to the notice that I was born and brought up in Delhi and since past 5 years I am in ...

Posted by Kaushik Basu

Sub: Dying Declaration in Mother Tongue....

I guess that this is just the judges perception that a person murmurs in his or her mother tongue when he or she is dying. ...

Posted by Lawrence Monteiro



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