same were not recorded immediately, the deceased was not in a fit mental condition and the investigating officer and relatives of the deceased were present ... fit mental conditions and P.W. 19 Dr. Ashok Kumar Sharma clearly stated in the Court that the deceased was in a fit mental condition
also
with him. He certified him about her consciousness and fit mental condition to
give dying declaration. P.W.12 having fully satisfied with ... conscious and was having fit mental
condition to give dying declaration, further, to test her mental ability and
mental fitness to give dying declaration
evidence of PW 5
Dr.Chibbar, deceased Sharada was not in mental fit condition to
th
make dying declaration. They submitted that on 8 July ... other question to ascertain if she
was in fit mental condition to give dying declaration. He did not
make separate endorsement to the effect that
administered to the deceased and, therefore, he was not in a fit mental condition to give dying declaration and that the dying declaration was manipulated ... patient was in a fit mental condition to give statement. He also obtained certificate of doctor about mental condition. Dr. Pradeep Kumar (PW7) stated that
verify from the medical officer that the deceased was in fit mental condition to make the rational statement. It is true that the deponent obviously ... fit state of mental condition. Which should be the source of ascertaining the physical or mental fitness is for Court to consider. At times
said
dying declarations are not given by the deceased in fit mental condition.
The Dehat Nalishi was not recorded upon the information given ... witness gave the
certificate regarding the fit mental condition of the deceased. The witness
proved his certificate mentioned in A to A part
void. According to the defendant, the deceased was not in a fit mental condition to make a Will as he was in continuous state ... deceased and that the deceased was not in a fit mental condition to make a will. She has therefore, contended that the plaintiff
Magistrate. Doctor has issued a certificate that the deceased was
in fit mental condition to give dying declaration and there is
other evidence on record ... called concerning Doctor
and inquired that whether patient is in a fit mental condition to
give dying declaration. He had given a certificate, which
Devi narrated about the occurrence to him, she was in fit mental condition to make such statement. It does not thus, stand to belief that ... Investigating Officer did not take any certificate from doctor regarding her fit mental condition. Accordingly, we also discard this dying declaration made
provided it has been made by the deceased while in a fit mental condition. It is well settled that conviction can be based ... from which it could easily be inferred that she was in mentally fit condition at that time to give statement. Nothing has been elicited from
