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Moments for truth
LAW OF DYING DECLARATION: S. Krishna Murthy; Narne Publications
(P) Ltd., 8, Y.M.C.A. Complex, S.P. Road, Secunderabad-500003.
Rs. 950.
THIS IS a bulky book of 1177 pages under a dark rubric ``Dying
declaration''. What is voluminous may not be luminous, what is
heavy may not be weighty, what is obese may be obtuse, what is
crowded with pluralist legalism may not necessarily be easy to
locate a specific point.
But what is also emphatically true is that in the hands of a
meticulous scholar, a sense of exhaustiveness and an insistence
in every citation relevant to the legal issue swells, in the
hands of a talented jurist, a small theme into a long exposition
and converts a book into a ready reference and a speedy service
to a busy lawyer, especially a criminal lawyer, who hunts for
shades and nuances of a dull subject like ``dying declaration''.
This latter perspective appeals to me vis-a-vis the present
volume, as I turn over the profusion of pages and abundance of
sub-topics, although at the first flush I felt that just one
section of the Evidence Act could be so expansively elaborated to
make nearly 1200 pages of erudite prolixity.
The book is based on the assumption that those who are
approaching the hour of death are unlikely to utter falsehood and
so those statements, particularly when they relate to the cause
of death possess surer veracity.
Says a poet (Richard):
For they breathe truth that breathe their words in pain.
While the basic facet of psychology that one who is close to
death speaks the truth, has substance, we have to be cautious in
a factious society that men and women are apt to depart from
truth, persuaded by hostility and other peculiar pressures.
Many factors induce the dying human to surrender to his passion
and make assertions to rope in his enemies or exaggerate events
with a view to absolve himself from culpable aspects. To avoid
self-incrimination is a natural tendency, to implicate innocents
for reasons of vendetta, to forsake the fear of death for the
sake of settling old scores are not unnatural.
Our society is neither particularly religious nor worried about
death and after. Motivated suicides are common. Human bombs are
popular and wreaking vengeance by facile falsehoods cannot be
ruled out. We live in times of aggravated materialism where life
and death are measured in terms of pleasure and pain and friction
and faction. This is unfortunate but true and therefore dying
declarations cannot be glibly accepted as truth-telling before
the Almighty.
There is another dimension to dying declarations. Torture is so
prevalent and victimisation of women and children so common that
these helpless beings are certainly credible when they pour out
their story of agony without particular malice to anyone.
Indeed, corroboration of dying declarations can never be rigid as
a proposition. It depends on varying circumstances and the
sensitive appreciation of the situation by the judge as well as
the manner of reproduction of the dying declaration which will be
the decisive factor.
A child is apt to speak the truth, a bride is apt to unfold the
tragedy of dowry death. Tutoring is rare and spontaneous veracity
natural. The naive tribal is unlikely to concoct fiction and the
weaker party will be the last to fabricate a story against his
oppressor unless there are very strong environmental factors or
malignant motivations to invent tales.
The book, as I paged through it, amazed me at the enormous case-
laws incorporated, the profound explanations on myriad nuances
and at the considerable effort to make the law in the book
embrace everything from alpha to omega.
The author is a valiant writer, scholar and has strained every
nerve to ransack all the sources to secure the relevant material
required (as the publisher has pointed out). I still wonder how a
book could ever be written on the law of dying declaration
running into 1200 pages and weighing a kilogram.
The enviable industry of the author proves that dying
declarations do not die with the maker of the departing
statement, it lives after his death to prove what perhaps is the
living truth.
I should conclude with paying a compliment for the tireless
lucubration of the author.
V. R. KRISHNA IYER
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