dying declaration, goes, it is a
complete statement, and makes a very clear accusation against the
appellant. If this dying declaration is taken into account ... dying declaration that the patient became
semi-unconscious clearly shows that the deceased was, fully conscious
when he started making the dying declaration before
statement as recorded,
which was treated as the dying declaration.
Question was that, when the dying declaration was inter-
rupted by death ensuing suddenly, then ... place two days
before the murder; the dying declaration made to Muthuswami
(P.W. 1); the dying declaration recorded by the Sub-
Inspector
death. It
was also argued by Ld. Defence Counsel that the incomplete dying
declaration of the deceased was shaken and she give different
version ... burns.
23. After careful scrutiny of Ex PW3/A, the incomplete
dying declaration of deceased, it is clear that it is inter
dying
declaration as narrated by the deceased. If the prosecution
had been out to implicate all accused falsely in case, the dying
declaration would have ... stopped recording dying
declaration as soon as he realized that the maker was loosing
consciousness. The reliable dying declaration though
incomplete, materially corroborates the confessional
value of-Eye-witnesses
account inconsistent with dying declaration-Dying
declaration if could be relied upon.
Dying declaration-Evidence of doctor that deceased ... Whether invalidates the dying
declaration.
Dying declaration-Deceased naming some other persons
than accused-Such persons not challaned-Validity of dying
declaration.
HEADNOTE:
The appellants
appearance till three months later, that the deceased made a dying declaration though incomplete at about 11-45 p.m. the same day, about ... would run counter to the same. Under the circumstances, the dying declaration, though incomplete otherwise, was complete so far as the accused No. 1 having
place two days before the murder; the dying declaration made to Muthuswami (P. W. 1); the dying declaration recorded by the Sub-Inspector ... fact, however, remains that the dying declaration was interrupted by death ensuing suddenly. The question is whether this dying declaration is admissible in evidence
husband. Learned counsel further argued that a bare
reading of the dying declaration clearly indicates that the said statement is
totally vague, sketchy and doubtful ... these circumstances, learned counsel argued that on
such vague and incomplete dying declaration, it is not safe to convict six
persons for the offence under
investigation. Second dying declaration was recorded by PW 9 Ramlal Brahmane. The dying declaration is at Exhibit 36. These two dying declarations were recorded while ... statement recorded is only to the effect.
Vernacular matter omitted.
The incomplete dying declaration is at Exhibit 44.
Dr. Uihas Taskhedkar ( PW 11) was casualty
dying declaration lies on the prosecution.
Prosecution is put to strict proof of dying declaration. If the Court is
satisfied that the dying declaration ... proper for trial
Courts to look for loopholes in dying declarations. An incomplete
dying declaration is also admissible. A dying person does not lie.
Although
