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Ratan Lal And Ors. vs State Of Rajasthan on 23 November, 2001

In the case of Ratan Lal & Others v. State of Rajasthan (supra), the prosecution failed to prove the dying declaration of deceased was true and free from all doubt. Executing Magistrate had gone to hospital alone and I was not associated by any doctor while recording the statement of the deceased. Persons who put their signature on dying declaration as witnesses, were not produced in trial. So, in the peculiar facts of that case, benefit was given to the accused appellants therein.
Rajasthan High Court - Jaipur Cites 6 - Cited by 1 - Full Document

Balak Ram Etc vs The State Of U.P on 16 August, 1974

In support of this submission, reliance was placed on a judgment of this Court in Balak Ram v. State of UP, AIR 1974 SC 2165 at page 2175. The error of this argument consists in the assumption that the dying declaration was made to an investigating officer. The statement, Ex. P. 14, was made by Bahadur Singh at the police station by way of a First Information Report. It is after the information was recorded and indeed because of it, that the investigation commenced and therefore it is wrong to say that the statement was made to an investigating officer. The Station House Officer who recorded the statement did not possess the capacity of an investigating officer at the time when he recorded the statement. The judgment on which the Counsel relies has therefore no application.
Supreme Court of India Cites 18 - Cited by 193 - Y V Chandrachud - Full Document
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