A, a woman whose throat had been cut by some edged weapon, indicated by gestures before her death that B was the person who had cut her throat. Is this statement by A made by gestures admissible as evidence against B?

Question: A, a woman whose throat had been cut by some edged weapon, indicated by gestures before her death that B was the person who had cut her throat. Is this statement by A made by gestures admissible as evidence against B? [U.P.H.J.S. 2014, Bihar J.S. Exam., 1991]

Find the answer to the mains question only on Legal Bites. [A, a woman whose throat had been cut by some edged weapon, indicated by gestures before her death that B was the person who had cut her throat. Is this statement by A made by gestures admissible as evidence against B?]

Answer

The questions put to the injured person who is unable to speak and the signs made by him in reply taken together amount to “verbal statements” within the meaning of section 32 (1) of the Indian Evidence Act.

“Verbal” means by words. It is not necessary that the words should be spoken. The words of another person may be adopted by a witness by a nod or shake of the head. If the significance of the signs made by a deceased person in response to questions put to her shortly before her death is established satisfactorily to the mind of the court, then such questions, taken with her assent or dissent to them, clearly proved, constitute a verbal statement as to the cause of her death.

In the case of Sudama v. King-Emperor, (1949) Nag 301 it was held by the court that the questions put to the injured person who is unable to speak and the signs made by him in reply taken together amount to “verbal statements” within the meaning of this section 32(1), Indian Evidence Act.

In Queen-Empress v. Abdullah, sup.: Chandrasekera v. The King, sup. Pandian K Nadar v. State of Maharashtra, 1993 Cr LJ 3883 (Bom), the deceased indicated to the accused through gestures, was relied upon. In a trial upon a charge of murder, it appeared that the deceased shortly before her death was questioned by various persons as to the circumstances in which the injuries had been inflicted on her; that she was at that time unable to speak, but was conscious and able to make signs.

Evidence was offered by the prosecution, and admitted by the Sessions Judge, to prove the questions put to the deceased, and the signs made by her in answer to such questions. It was held that the questions and the signs taken together might properly be regarded as “verbal statements” made by the person as to the cause of her death within the meaning of this section, and were, therefore, admissible in evidence under this section.

Further, the statement of the deceased to a police officer on the basis of which investigation was commenced was described by the Supreme Court as capable of serving as a dying declaration in the case of State of Assam v. Bhelu Sheikh, AIR 1989 SC 1097.

Therefore, applying the legal reasoning and judicial pronouncements in the present case at hand where A, a woman whose throat had been cut by some edged weapon, indicated by gestures before her death that B was the person who had cut her throat. This statement by A made by gestures shall be held admissible as evidence against B under section 32(1), Indian Evidence Act.

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