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1 - 10 of 14 (3.89 seconds)Jai Prakash And Ors vs State Of Haryana & Ors on 27 August, 1987
21. It is enough if a doctor attests the statement-Dying Declaration. In the case in hand, Dr. Anil Gupta has categorically deposed that she made a statement in his presence and in presence of two witnesses and he attested the same. He has identified the signatures and certificate also. Contents of Dying Declaration having been proved and came to be exhibited as EXPW-MS. The two witnesses, Mahinder Singh and Avtar Singh, also have proved while recording their statements the contents of the Dying Declaration. So the question of Dying Declaration was not made by the deceased or she was not capable and fit to make a statement, is of no weight. Hon'ble Apex Court in a case entitled "Jai Prakash and Ors. v. State of Haryana" , held that when witness deposes that the declarant was fit to make a statement, her declaration can not be faulted on the ground that she was not able to speak and genuineness of Dying Declaration cannot be doubted when it is corroborated by other evidence. It is profitable to reproduce para 6 of said judgment herein:
Section 118 in The Indian Evidence Act, 1872 [Entire Act]
Raghunath Laxman Wani And Ors vs State Of Maharashtra And Ors on 6 August, 1971
The judgment stands overruled by the Hon'ble Apex Court by a judgment delivered in case entitled "Laxman v. State of Maharashtra" . It is profitable to reproduce para 3 of said judgment herein:
Mange Ram & Anr vs The State, Delhi Administration on 26 February, 1998
22. Hon'ble Apex Court in a case entitled Mange Ram and Anr. v. The State Delhi Administration" reported as 1998 Cr.L.J. 2269, held that Dying Declaration before investigating officer and doctor, is sufficient to record conviction when found to be reliable and consistent and more so, when there was nothing to disprove the same. Applying the test in the instant case, the statements of doctor, police officer, two witnesses read with the statements of children and Dying Declaration are reliable and consistent. Defence has not led any evidence and has failed to disprove the same.
Narain Singh And Anr vs State Of Haryana on 5 February, 2004
23. Hon'ble Apex Court in the cases entitled 'Narain Singh and Anr. v. State of Haryana' ; and 'State of Haryana v. Mange Ram and Ors.' reported in 2003 Cr.L.J. 830, has laid down the test, which is also laid down in case entitled 'Paras Yadav and Ors. v. State of Bihar' reported in AIR 1999 Supreme Court 644, paras 8 & 9 of the judgment read as under:
Baby Kandayanathil vs State Of Kerala on 8 April, 1993
13. Hon'ble Apex Court in case, titled "Baby Kandayanathil v. State of Kerala" AIR 1993 SC 2275, held that statement of a child can be made the basis for conviction if the child is capable to make a statement.
Paras Yadav And Ors vs State Of Bihar on 12 January, 1999
23. Hon'ble Apex Court in the cases entitled 'Narain Singh and Anr. v. State of Haryana' ; and 'State of Haryana v. Mange Ram and Ors.' reported in 2003 Cr.L.J. 830, has laid down the test, which is also laid down in case entitled 'Paras Yadav and Ors. v. State of Bihar' reported in AIR 1999 Supreme Court 644, paras 8 & 9 of the judgment read as under:
Ram Bihari Yadav vs State Of Bihar & Ors on 21 April, 1998
Their evidence does not suffer from any infirmity which would render the dying declarations as doubtful or unworthy of the evidence (credence). In such a situation, the lapse on the part of the Investigating Officer should not be taken in favour of the accused, may be that such lapse is committed designedly or because of negligence. Hence, the prosecution evidence is required to be examined dehors such omissions to find out whether the said evidence is reliable or not. For this purpose, it would be worthwhile to quote the following observations of this Court from the case of Ram Bihari Yadav v. State of Bihar , at P. 1653: