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Showing contexts for: two dying declarations in Santosh S/O Dattu Pawar And Another vs The State Of Maharashtra on 10 February, 2022Matching Fragments
14. So far as the case of prosecution in respect of dying declaration is concerned, there appears two dying declarations; one is in recorded form and other is in the form of oral narration by the deceased Vilas to his another son Kailash i.e. PW-3. Learned Counsel for the appellants doubted the contents of recorded dying declaration (Exh. 16) at the hands of PW-1 Rahulkumar Pawar, the then A.P.I. of Kopargaon Police Station, on various grounds, such as, the same is not trustworthy piece and that the mental condition of the deceased while making it was not proper and that it was recorded in so many doubtful circumstances. Learned Counsel for the appellants also placed reliance on the judgment of the Hon'ble Apex Court in the case of Mohar Singh and others vs. State of Punjab reported in (1981) AIR (SC) 1578 wherein the dying declaration in that case was not criappeal-700.2014.odt believed as the deceased presumably was not in a position to make such a long statement. Further, in that case the injuries on the deceased were found to be in confict with the medical evidence. However, learned A.P.P. has strongly opposed on the ground that in the instant case there is no long statement in the dying declaration and the evidence of Medical Offcer is also there suggesting that the deceased was in condition to give statement at the relevant time. Therefore, we have to scrutinize the dying declaration in the light of the objections raised by learned Counsel for the appellants.