dying declaration is not
complete unless full name, address of the person are given in it.
Therefore only because deceased in his dying declaration uttered ... proper to accept the
prosecution version based on such incomplete dying declaration that
accused were culprits who caused injury to deceased.
5. Per contra
trial. It is noteworthy to state that
in the so called dying declaration Ex.P/31, the allegations
are levelled only the deceased husband ... Vishal
Bhatnagar, Charak Hospital, Indore. The dying
declaration (Ex.D/6) which was recorded on 29.6.2012 is
also incomplete. The F.I.R. was recorded
incomplete.
Learned counsel for the State is directed to produce the whole case
diary as well as the information whether the dying declaration
since the
deceased had died, her statement given before these witnesses is to be
treated as her oral dying declaration, which is admissible ... dying declaration of the deceased. The
fact however, remains that the case is fully supported by the oral dying
declaration of the deceased, made before
totally
misplaced. The activity is undertaken by them on various worned out die
rolls received back from their customers which would mean that the process ... case of incomplete or unfinished goods having essential
character of complete or finished article. In the case in hand undoubtedly
the threaded die rolls were
Supreme Court) 840 and
argued that if the link in chain is incomplete and evidence is
capable of two inferences then one in favour ... crime and mode and manner of commission is also
proved and dying declaration has also been proved. So, there is no
scope of breaking
father.
As noticed above, no reliance can be placed on
the incomplete statement of PW3 Mohd. Aslam.
As regards the allegations against the two
accused ... version narrated by the victim to
Dr.Safulla or in dying declaration Ex.PW5/A.
In Ex.PW5/A, victim alleged that
Navtej Singh Johar vs Union Of India Ministry Of Law And ... on 6 September, 2018
Common Cause (A Regd. Society) vs Union Of India on 9 March, 2018
Equivalent citations
Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018
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