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1 - 7 of 7 (0.97 seconds)Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Paparambaka Rosamma & Ors vs State Of Andhra Pradesh on 13 September, 1999
17. The Magistrate did not obtain any medical opinion as
regards whether the victim was in a proper set of mind to make
such declaration. It is in that context that the Hon'ble Supreme
Court in the said decision did not place reliance upon the dying
declaration in the said case.
Koli Chunilal Savji & Anr vs State Of Gujarat on 29 September, 1999
18. Mr. Shamim next relied upon the case of Koli Chunilal
Savji and Anr. Vs. State of Gujarat reported in (1999) 9 SCC
Naresh Kumar vs Kalawati & Ors. on 25 August, 2011
19. The third decision relied upon by Mr. Shamim was the
case of Naresh Kumar Vs. Kalawati and Ors. reported in
(2021) 16 SCC 158. In the said decision at paragraphs 10, 12,
13 and 15 it was held that there cannot be any regent standard
or yardstick for acceptance or rejection of dying declaration.
Each case would have depended on the facts and circumstances
of the case. In the said case the dying declaration was recorded
by an ASI of the police. The said ASI did not obtain any medical
opinion or record for that matter in the declaration that the
victim was conscious and capable now for making such
declaration. The said case was, therefore, distinguishable in the
facts and circumstances of the case.
Rajendra Prahladrao Wasnik vs The State Of Maharashtra on 12 December, 2018
In so far as the decision of
the Rajendra Vs. State of Maharashtra reported in 2024 SCC
OnLine SC 941 is concerned the principles to be followed while
8
2025:CHC-AS:2115-DB
and assessing veracity of a dying declaration is enunciated in
the case of Kushal Rao Vs. State of Bombay were reported in
AIR 1958 Page 22. However, in the said decision two
propositions were stand out for consideration of the Court,
firstly that there is no strait jacket formula or yardstick that can
be laid down for the assistance and acceptance of a dying
declaration. Each case has to be determined on its own facts
and circumstances. Emphasis, however, laid down that the
Court must be satisfied that the dying declaration is true and
voluntary. In such event a conviction can be based solely on
such dying declaration.
Kushal Rao vs The State Of Bombay on 25 September, 1957
In so far as the decision of
the Rajendra Vs. State of Maharashtra reported in 2024 SCC
OnLine SC 941 is concerned the principles to be followed while
8
2025:CHC-AS:2115-DB
and assessing veracity of a dying declaration is enunciated in
the case of Kushal Rao Vs. State of Bombay were reported in
AIR 1958 Page 22. However, in the said decision two
propositions were stand out for consideration of the Court,
firstly that there is no strait jacket formula or yardstick that can
be laid down for the assistance and acceptance of a dying
declaration. Each case has to be determined on its own facts
and circumstances. Emphasis, however, laid down that the
Court must be satisfied that the dying declaration is true and
voluntary. In such event a conviction can be based solely on
such dying declaration.
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