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
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
pointed out by the counsel for the
State that dying declaration is not a part of the case diary which is sent ... concerned SHO.
The case is based upon the dying declaration and incomplete case
diary is being sent without the dying declaration amounting to taken
appearing for the State submits that the incomplete case diary
is being received and no dying declaration is being reflected in the case diary
governing dying
declaration, which could be summed up as under:
(i) There is neither rule of law nor of prudence that dying
declaration cannot ... taken into consideration as sufficient
corroboration to the dying declaration. He submitted that incomplete testimony of
PW1/Dalip is admissible in evidence under section
formal witnesses
who had either examined the injured or recorded the
dying declaration. It further appears that vide the
report dated 19th October, 1949 which ... witnesses named are the
1st Class Magistrate, Amritsar, who recorded the
dying declaration, and the Assistant Civil
Surgeon. They are not witnesses who were
been falsely implicated in the crime on the basis of
dying declaration of the deceased, which is not admissible in law and such
HIGH COURT ... 22114/2021
( Nana Vs. State of M.P .)
-2-
dying declaration is not proved by the prosecution witnesses during
testimony recorded in the trial court
Manish Kumar vs Union Of India on 19 January, 2021
Author: K.M. Joseph
Bench
Jaishri Laxmanrao Patil vs The Chief Minister And Ors. on 5 May, 2021
Equivalent citations
Manmohan Nanda vs United India Insurance Co. Ltd. . on 6 December, 2021
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