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1 - 7 of 7 (0.18 seconds)Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 452 in The Indian Penal Code, 1860 [Entire Act]
The State Of Punjab vs Gian Kaur And Anr on 5 March, 1998
16. I am of the considered opinion that there is no need of going into
greater details of the deposition of PW9 who recorded the said second
dying declaration or PW20, the doctor who gave the fitness certificate
because the statement Ex.PW9/B was allegedly thumb marked by the
deceased by her right thumb and a bare perusal of the thumb mark goes to
show that the ridges and curves are clearly visible in the thumb mark
whereas as per PW20, the thumbs and the other fingers of the deceased of
both the hands were burnt and no thumb mark could have been obtained
in the said circumstances. Moreover, the said second dying declaration
recorded by PW9 cannot be relied because of the reasons as stated by me
above while discarding the first dying declaration recorded on
Ex.PW20/C. The statement Ex.PW9/B of the deceased has not been
recorded in question/answer form and it gives the minute details of the
incident and even reading of the said statement takes considerable time
what to talk of recording of the statement by pen in hand which must have
consumed substantial time. The patient in the said state of health and burn
injuries was altogether conscious and oriented continuously till the
statement Ex.PW9/B was recorded and thumb marked by her, becomes
doubtful. Besides, the statement Ex.PW9/B was not got certified or was not
asked to be signed by any doctor, staff of the hospital or any relative of the
deceased, further gives a jolt to the reliability of the said dying
declaration. These were the similar situations and conditions before the
Hon'ble Supreme Court in the cases titled State of Punjab Vs. Gian Kaur
and Anr. reported as 1998 Crl.
State Of Maharashtra vs Sanjay S/O Digambarrao Rajhans on 25 October, 2004
L.J 2061, State of Maharashtra Vs.
Sanjay reported as 2005 (1) RCR (Crl.)
Section 5 in The Limitation Act, 1963 [Entire Act]
Kaushalya Devi & Ors vs State Of Bihar & Anr on 11 March, 2010
page 149 and before the Hon'ble
High Court of Delhi in case titled Kaushalya and others Vs. The State
reported as 1989 Crl. L.J 157 and both the said Hon'ble superior courts
declined to accept the dying declarations such as one given by the
deceased in the present case Ex.PW9/B.
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