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
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
State vs Geeta Etc on 31 May, 2010
IN THE COURT OF SHRI R.K
safely placed on dying declaration provided the said
dying declaration is free from vice of infirmities and if that
dying declaration commands acceptance ... conclusion of
recording the dying declaration he further gave a
certificate that she was fit condition even after recording
dying declaration, therefore, the aforesaid submission
been explained there. In that case a dying declaration was recorded in an incomplete form ... held that under the circumstances of the case the dying declaration though incomplete otherwise was complete so far as the accused having shot the deceased
Principal to record the dying declaration did not exhibit any inquisitiveness to know the contents of the dying declaration. Even assuming the conduct ... would show that it is incomplete. Had PW-2 been a party to manipulate a false dying declaration as suggested by the defence, he would
interested for fabricating a dying declaration,
question of doubt on the declaration recorded by the Magistrate
does not arise.
12. The next contention of learned ... clear. His evidence is corroborated by dying
declaration (Ex.P/12) which contains two unclear/incomplete
thumb impressions. As such, his evidence further fortifies that
