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1 - 9 of 9 (0.26 seconds)Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 161 in The Code of Criminal Procedure, 1973 [Entire Act]
The Indian Penal Code, 1860
Section 326 in The Indian Penal Code, 1860 [Entire Act]
Section 32 in The Indian Evidence Act, 1872 [Entire Act]
Mukesh & Anr vs State For Nct Of Delhi & Ors on 5 May, 2017
39. It is also important to note that the Court has to take
note of if any dying declaration is made successively. In the
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case on hand, on the next day also, Tahsildar P.W.10 recorded
the statement of the victim in the presence of the doctor P.W.11
and evidence of both is very clear with regard to recording of the
dying declaration and nothing is elicited from the mouth of these
two witnesses to disbelieve the recording of the dying
declaration. It has to be noted that P.W.15, who is the
videographer, videographed the dying declaration of the victim
and the same is valid. Even if it is not videographed also, the
Court can look into the same. The Apex Court in the case of
MUKESH v. STATE FOR NCT OF DELHI AND OTHERS
reported in AIR 2017 SC 2161 (Three Judge Bench) held
that where there are multiple dying declarations, duty of the
Court is that each dying declaration should be considered
independently on its own merits. One cannot be rejected
because of contents of other in cases where there is more than
one dying declarations. It is the duty of the Court to consider
each one of them in its correct perspective and satisfy itself that
which one of them reflects the true state of affairs. But in the
case on hand, both are consistent and even Tahsildar recorded
the dying declaration in his own handwriting and no doubt,
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certain answers are elicited regarding keeping the other pages
blank and the same cannot take away the case of the
prosecution with regard to the dying declaration.
Gulab Singh L.N.K. No. 52343 vs State Of U.P. Through Principal ... on 12 April, 2019
Though P.W.1 and P.W.2
turned hostile, the Court has to take note of statement of the
victim. Now the question before this Court is whether 161
statement of the victim can be treated as dying declaration. The
victim made the statement before the Investigating Officer
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P.W.12. The judgment of the Allahabad High Court in the case of
GULAB SINGH v. STATE OF UP reported in 2003 (47) ACC
161 is clear that statements of victim under Section 161 of
Cr.P.C. was found worthy to be relied on as dying declaration.
Doryodhan And Anr. vs State Of Maharashtra on 14 August, 2002
The Apex Court also with regard to the statement made before
the police and recorded by the police, taken note of in the
judgment of DORYODHAN v. STATE OF MAHARASHTRA
reported in 2003 (1) JIC 184, wherein it is stated that dying
declaration recorded by police in presence of other prosecution
witnesses is valid. Such dying declaration is reliable and cannot
be doubted on the ground that statement not produced to police,
but produced before the Court directly for the first time. But it is
very clear that dying declaration recorded by police in the
presence of other prosecution witnesses is valid. In the case on
hand, the same was recorded in the presence of doctor, who
certifies the capability to make such statement in respect of both
dying declarations.
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