Vithal Tukaram More & Ors vs The State Of Maharashtra on 23 July, 2002
Reliance was
placed also on the case of Smt. Rashida Abdul Gani Khairadi Vs.
The State of Maharashtra, reported in 2014 All MR (Cri) 244 and
the case of Shivaji s/o Tukaram Patdukhe Vs. State of
Maharashtra, reported in 2004 ALL MR (Cri) 3220 to argue that if
a dying declaration is not read over, the same cannot be relied
on. Reference was made to the case of Mohan Lal & ors. Vs.
State of Haryana, reported in 2007(9) SCC 151 in support of the
argument that if the relative was present at the time of recording
of dying declaration, the same will be required to be discarded.