Umesh Ashok Dhumal vs The State Of Maharashtra on 26 April, 2023
8. Out of 14 witnesses, who have examined, 7 witnesses
have turned hostile and not supported the case of the prosecution,
and as such, the case of the prosecution rests on the dying
declaration and the evidence of PW5-Dr. Avinash Ghorphade,
Medial Officer, and PW10 - Sunil Karbhari Gaikwad, PHC. Perusal
of the dying declaration indicates that the deceased has affixed her
thumb impression, however, same has not been attested. The Apex
Court in the case of Hanumant Karbhari Karale (supra), had
discarded the written dying declaration, which was not attested by
the Executive Magistrate to identify that it was a thumb impression
of the victim.