that sign of death by hanging were present and according to the doctor conducting the post mortem examination the deceased had died due to hanging ... doctor also noted a few marks of abrasions on the cheek and also on the other parts of the body which according to the doctor
that signs of
death by hanging were present and according to the doctor
conducting the postmortem examination the deceased had died
due to hanging ... doctor also noted a few marks of
abrasions on the cheek and also on the other parts of the
body which according to the doctor
noted that the dying declaration herein has not
been effected before any Doctor or any independent witness
but to the mother who is said ... discredit the
evidence tendered in Court but the fact remains the Doctors
evidence considering the nature of the burn posed a
considerable doubt
statement. Additionally, in the absence
of a certificate provided by a doctor to the extent that she had in
fact been fit enough to make ... make a statement, and a
certificate of fitness provided by a doctor is not a condition
precedent for placing reliance upon a dying declaration. Therefore
recorded the complaint
of deceased under Ex.Pl in the presence of Doctor (PW-9) wherein the
deceased has affixed her thumb impression ... same was also certified by PW-9 Doctor. PW-14 returned to
Pavurchathiram Police Station at about 7.00 p.m. and registered a case
dead bodies of Dhanuben and her son Ajay and the
evidence of doctor PW9, who conducted the autopsy over the
dead bodies, the conclusion ... that the two dying
declarations cannot be relied upon inasmuch as the doctor
was not present while the dying declaration was recorded by
the Magistrate
Sciences (PGIMS), Rohtak by
Ramesh, Suresh and Prem. On examination by the doctors in the Post-
Graduate Institute of Medical Sciences, it was found that ... state of mind to give
a statement. The doctor declared her fit to make a statement vide
endorsement Ex. PJ/1. On this
recorded the statement of the deceased. There was a certificate of the
doctor which indicates that the patient was conscious. The high Court on
consideration ... evidence of the magistrate as well as on the
certificate of the doctor on the dying declaration recorded by the
magistrate together with other circumstances
opinion
whether she was in a position to make
statement. The doctor certified that the
patient was conscious and fit to give
statement. The doctor ... margin along
with the seal. According to PW 5 Ramchandra,
the doctor was present by his side all
throughout when he was recording the statement
immediately to
the Government Hospital Bagalkot. At about 2.30 p.m.,
the Doctor (PW-7) informed the police and the Magistrate
2
(Tehsildar ... about 11.00
p.m. On 11.12.2005, post mortem was conducted by the
Doctor, PW-7, the report of which is Ex. P-5. The
Investigating
