Validity of Dying Declaration – Death taken place after one and half month of recording due to infections and due to lack of proper care and treatment but not by Burn injuries of non fatal of 45% percentage-No offence under sec.304 B IPC -Burn injuries caused due to burst of kerosene stove but not by pouring kerosene only face, jacket and umbilical portion caught fire -2015 S.C.(2014) MSK Law Reports 7
Validity of Dying Declaration – Death taken place after one and half month of recording due to infections and due to lack of proper care and treatment but not by Burn injuries of non fatal of 45% percentage= The statement does not pertain to the cause of death or circumstances of the transaction which resulted in death. The death in this case on 04.08.1998, after seven weeks of the incident, is not caused by the burns but on account of a serious infection, septicemia caused due to improper management of the wounds. In the instant case, however, Exhibit-PM-dying declaration does not either show the cause of death or the circumstances of the transaction which resulted in the death of the declarant-Chander Kalan. The burns were not fatal either. In th...