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Shaikh Rafiq Abdul Gafoor Shaikh vs The State Of Maharashtra on 21 February, 2014

5. Learned Counsel for the appellants pressed into service exposition of this Court in case of Dinesh Gopal Bhure vs ::: Downloaded on - 01/03/2014 00:13:24 ::: 9 State of Maharashtra 1 and submits that if the victim is not in a position to speak and when taken to hospital was in unconscious state, in the said circumstances, alleged dying declaration cannot be the sole basis for conviction. It is further submitted that the dying declaration is required to be recorded by the Magistrate. Absence of evidence to the effect that condition of victim was so precarious that Magistrate could not be summoned for, the prosecution is bound to offer explanation or state something on record about the condition of the patient.
Bombay High Court Cites 14 - Cited by 0 - S S Shinde - Full Document
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