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Documents citing Shakuntalabai Wd/O Khairuprasad Joshi vs * The State Of Maharashtra on 6 January, 2011

Manisha D/O Sampati Muley vs The State Of Maharashtra on 29 November, 2022

What is relevant to note is that there is no correction made herein to suit convenience of prosecution. Pertinently, Medical Officer was present through out recording of statement and he had ascertained condition of deceased during entire period. In such facts, no doubt could be created by defence in correct recording of statement of deceased. Hence, accused cannot derive any benefit from judgment in case of Shakuntalabai wd/o. Khairuprasad Joshi & Anr. Vs. The State of Maharashtra (cited supra), as in that case dying declaration was discarded for want of certification by doctor or at least his signature on statement.
Bombay High Court Cites 18 - Cited by 0 - R G Avachat - Full Document

Bharat S/O Waman Muley And Others vs The State Of Maharashtra on 29 November, 2022

What is relevant to note is that there is no correction made herein to suit convenience of prosecution. Pertinently, Medical Officer was present through out recording of statement and he had ascertained condition of deceased during entire period. In such facts, no doubt could be created by defence in correct recording of statement of deceased. Hence, accused cannot derive any benefit from judgment in case of Shakuntalabai wd/o. Khairuprasad Joshi & Anr. Vs. The State of Maharashtra (cited supra), as in that case dying declaration was discarded for want of certification by doctor or at least his signature on statement.
Bombay High Court Cites 18 - Cited by 0 - R G Avachat - Full Document

Sunil Bapurao Kadam And Others vs The State Of Maharashtra on 21 September, 2015

24. So far opinion expressed by PW-5 that, he cannot differentiate the burn as homicidal, suicidal or accidental, the Bombay High Court while considering the prosecution case based upon dying declaration, in the case of Shakuntalabai (supra) held that, the burn injuries received by the deceased could be accidental, suicidal or homicidal, the prosecution is required to establish homicidal death by bringing positive evidence on record. Therefore, in the present case also, it was necessary for the prosecution to bring on record the positive evidence so as to establish the homicidal death.
Bombay High Court Cites 25 - Cited by 1 - S S Shinde - Full Document

Bapu Haribhau Waman And Ors vs The State Of Mah on 21 September, 2015

45] On re-appreciating the entire evidence, in the light of discussion in the foregoing paragraphs, the dying declaration at Exhibit-24 recorded by the PW-3, Special Judicial Magistrate, cannot form basis for conviction of the ::: Uploaded on - 21/09/2015 ::: Downloaded on - 21/09/2015 23:02:51 ::: 537.2012 Cri.Appeal.odt 47 accused. It has come in the evidence of PW-5 and PW-6 that, they could not reach to the conclusion that, the death was homicidal, accidental or suicidal. The Bombay High Court while considering the prosecution case based upon dying declaration, in the case of Shakuntalabai Khairuprasad Joshi and Anr. Vs. State of Maharashtra3 held that, the burn injuries received by the deceased could be accidental, suicidal or homicidal, the prosecution is required to establish homicidal death by bringing positive evidence on record. Therefore, in the present case also, it was necessary for the prosecution to bring on record the positive evidence so as to establish the homicidal death.
Bombay High Court Cites 5 - Cited by 0 - S S Shinde - Full Document

Subhash Tikaram Jadhav vs The State Of Maharashtra on 19 December, 2016

8. Mr. Patel, the learned counsel for the appellant placed reliance on the decision of this Court in the case of Shakuntalabai Khairuprasad Joshi Vs. State of Maharashtra1 . He placed reliance on paragraph 9 of the said decision wherein it has stated that "it is necessary for the recording officer to ascertain fitness of the state of mind of the patient / victim to make a dying declaration. The patient must be in a position to understand and answer the questions put to him / her. The preliminary questions put up by the recording officer and answers given by the patient assumes importance for to rely upon the same in order to record conviction. In other words, sufficient evidence is necessary to make the dying declaration worthy of reliance."
Bombay High Court Cites 6 - Cited by 0 - V Tehsilramani - Full Document
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