State vs . on 31 May, 2011
36. In the said circumstances, I am of the considered opinion that
SC No.102/10 Page 25/34
the said deposition of PW18 or alleged dying declaration made to
him by the deceased is not at all trustworthy and more so, his
statement was recorded by the police during investigation at such a
belated stage. Reference can be made here of a judgment of Hon'ble
Supreme Court titled Paramjeet Singh and others Vs. State of
Punjab and others reported as 1996 (4) Crimes 266 (SC) wherein it
was held that it would be unsafe to accept evidence of witness whose
statement u/s 161 Cr.PC was recorded after 4½ months and there
was no explanation for that delay. The Hon'ble Supreme Court in
that case was also dealing with a case of dying declaration.