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Showing contexts for: procured document in Sunaina Devi vs The State Of Bihar on 27 June, 2018Matching Fragments
15. Mr. N. K. Agrawal, learned Senior Counsel and Mr. Vikram Deo Singh, learned Counsel, appearing for the appellants, assailed the judgment of conviction and order Patna High Court CR. APP (SJ) No.685 of 2016 dt. 27-06-2018 of sentence on the ground that the conviction and sentence of the appellants have solely been recorded on the basis of the fardbeyan statement of the deceased which has been accepted as her dying declaration, but the aforesaid dying declaration is not free from blemish and the circumstances clearly reveal that the aforesaid document was a procured document and not a genuine one and, therefore, such a statement should not have been relied upon. Additionally, it was argued that P.Ws. 1, 8, 9 and 10 have not supported the prosecution version and have not been declared hostile either. They have stated before the Trial Court that the death was accidental because of the deceased having caught fire at the time of cooking food. They have also deposed that all efforts were made to extinguish the fire and to get the deceased treated at Bihta and Patna, but the present case was lodged only after the death of the deceased for the reasons which were unknown and unexplicable to them.