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Sk. Mehboob S/O Sk. Mastan (In Jail) vs The State Of Maharashtra, Through ... on 14 November, 2017 cites

The State Of Punjab vs Gian Kaur And Anr on 5 March, 1998

7. The marriage between the deceased Shama Parvin and the accused axiomatically was solemnised more than seven years prior to the death since the eldest of the four daughters born from the wedlock was aged 7 to 8 years as on 05-12-2004. The dying declaration Exhibit 57 is recorded by P.W.2 Arvind Bhagat between 1.05 a.m. and 1.15 a.m. on 03-12-2004. Ms. Haidari, learned Counsel would invite my attention to the fact that P.W.2 Arvind Bhagat received the requisition to record the dying declaration at 12-55 hours, he reached the hospital at 1.00 hours, secured the fitness certificate of the medical practitioner at 1.05 hours and commenced and completed the recording at 1.15 hours. The effort is to demonstrate that the time line is sufficient to cloud the dying declaration with suspicion. Ms. F.N. Haidari, learned Counsel then invites my attention to the fact that the dying declaration purports to bear the left hand thumb impression of the deceased. The learned Counsel submits that concededly both the thumbs of the deceased suffered 100% burns since the post-mortem Exhibit 127 records that both right upper limb and left upper limb suffered 9% burn injuries with no spared area. 9% burn injuries on the right upper ::: Uploaded on - 14/11/2017 ::: Downloaded on - 16/11/2017 01:54:19 ::: 5 apeal605.14 limb or left upper limb correspond to 100% burns, according to Modi's medical jurisprudence, is the submission. Ms. F.N. Haidari, learned Counsel invites my attention to the following observations of the Hon'ble Supreme Court in the case of State of Punjab v. Gian Kaur and another reported in AIR 1998 SC 2809 :
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