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Kailash vs State Of M.P. on 11 July, 2005 cites

Ollala Kamlakar Lachaiah And Anr. vs State Of Maharashtra And Anr. on 19 September, 2002

In the case of Kamlakar v. State of Maharashtra (2004 Cri LJ 615) (supra) the Supreme Court did not place reliance on the dying-declaration because the deceased was having 95 per cent burn and she was put on oxygen right from the moment she was brought to the hospital and continued to be so till she died. In the present case, the deceased was not put on oxygen. According to Dr. Smt. Jain (PW-10) she gave injection of compose and during this period the ASI Saxena reached over there and made request for recording of dying declaration. Therefore, it cannot be said that the deceased was under the influence of compose injection which was generally used for relieving from pain and for sleep. Hut, before the same could make its effect, the dying declaration was recorded which is clear from the statement of PW-10, Dr. Smt. Asharani Jain and PW-6 ASI Shri A. R Saxena.
Bombay High Court Cites 57 - Cited by 2 - R K Batta - Full Document

Kishore Shambhudatta Mishra And Ors. ... vs State Of Maharashtra on 14 March, 1989

15. Another judgment rendered by the Division Bench of this High Court in the case of Laxminarayan v. State (1993 (1) MPWN Note 109) (supra), the dying declaration was discarded because the same was not recorded in question and answer form, and also not attested by the attesting witnesses. In the dying-declaration, specific overt acts of the accused persons were not described because at the initial stage for mixing of poison in tea-cup, six persons were involved out of whom, two persons were acquitted. It is observed in this judgment by the Division Bench that "The act of mixing poison or adding poison to the cup of tea, even if the dying declaration is taken on its face value, cannot be imputed and has not in fact been imputed to all the accused". The factual situation of this judgment is also not supporting the contention of the defence in any manner.
Supreme Court of India Cites 10 - Cited by 24 - Full Document

Firm Bhagwandas Shobhalal Jain, A ... vs State Of Madhya Pradesh on 29 April, 1964

In the case of Bhagwandas v. State of M.P. (1998 (2) Jab LJ 259) (surpa), the Division Bench of the Principal Bench of this Court has not relied upon the evidence of dying declaration because though the declarant was in the hospital and the dying-declaration was also recorded in the hospital, but without certification of Dr. about conscious state and sense of the declarant. The Dying Declaration was also not recorded in question and answer form and the thumb impression was not proved to be the thumb impression of the deceased. Another circumstance in favour of the appellant was that he tried his level best to save his wife and immediately brought her to the hospital. His prior and subsequent conduct was not showing his guilty mind.
Madhya Pradesh High Court Cites 14 - Cited by 60 - Full Document
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