solely based upon the dying declaration of
the deceased, the court has to consider carefully the dying
declaration and the evidence of the witnesses supporting ... dying declaration, so as to render open an
inference, that therebys the said dying declaration was influenced
and/or was may be a tainted dying
grant of short adjournment,
stating that Case Diary is incomplete. It does not contain Dying Declaration of
the deceased.
Request accepted.
List the matter
done in the report of 2nd October which
the police called their incomplete challan. The witnesses named in the second
challan of 5th October were ... witnesses
named are the 1st Class Magistrate, Amritsar, who recorded the dying
declaration, and the Assistant Civil Surgeon. They are not witnesses who
were
condition to record her statement voluntarily.
58. With reference to the dying declaration (Ex.Ka-8), it is also submitted that PW-9 has nowhere ... next argued that the dying declaration is. in fact. written in two handwritings. A bare perusal of the dying declaration (Ex.Ka-8) with regard
2005
Between:
J. Manjoor Ali Khan (died) and Others ...APPELLANT(S)
AND
C Abdul Gafoor Died and Others ...RESPONDENT(S)
Counsel for the Appellant ... were returned as Appellant
No.1 - Died, Appellant No.2 - returned unserved vide postal endorsement that
"Incomplete Address", Appellant No.3 - returned unserved
Gupta Page no. 18 of 41
recovery. As far as the dying declaration of deceased is concerned, PW-12
HC Harsahay/PCR van In-charge ... Accordingly, it was not
possible that she could have given a dying declaration to anyone. Ld.
Counsel has argued that the actual husband of deceased
Chand Bhutani died intestate but on the other hand,
it is also stated that during their lifetime, the parents made a declaration
that the property ... into the witness box as the medical documents
showing his condition are incomplete and unsubstantiated. Even in the
existence of all such facts, it cannot
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