dying declaration. However, there is AN
endorsement of the Executive Magistrate on the dying
declaration that the deceased was completely conscious ... dying declaration was
recorded. In the absence of any other suspicious
circumstances surfacing the dying declaration, it is not
possible to discard the dying declaration
dying declaration can be recorded.
Thereafter, the said witness had recorded the dying
declaration of the deceased and after the dying
declaration was recorded ... conscious and till she died at
4:30 p.m. the patient was conscious and during the
said period, dying declaration was recorded
relied upon the Dying Declaration by observing
that at the relevant time when the victim gave dying
declaration she was conscious ... deposition that recording of the dying declaration was
completed at 2.55 AM. He has produced the dying declaration
on record which is exhibited
wish to die with
a lie on his lips. A dying declaration has got sanctity and a
person giving the dying declaration will be last ... dying declaration as stated by the deceased.
This court laid down the principle that for relying upon the
dying declaration the court must be conscious
product of imagination. In case of dying-declaration a mechanical approach in relying upon the dying declaration just because it is there, is extremely dangerous ... examine a dying declaration scrupulously with a microscopic eye to find out whether the dying-declaration is voluntary, truthful, made in a conscious state
dying declaration has no connection with
ascertainment of the veracity and creditworthiness of the
dying declaration. In fact, the High Court did not discuss ... years would be able to give the statement of dying declaration.
In the dying declaration (Ex.P-2) the deceased in an answer
necessary to look for corroboration of the dying declaration. As envisaged, a dying declaration is generally to be recorded by an Executive Magistrate with certificate ... instructions given for getting the dying declaration recorded by the Magistrate, he proceeded to record the dying declaration again without waiting for the Executive Magistrate
dying declaration by itself
insufficient for sustaining a conviction on a charge of murder.
In Kake Singh v. State of M.P. the dying declaration ... case of a dying declaration.
Since the accused has no power of cross-examination, the court
would insist that the dying declaration should
also DW2, placed full reliance on the
dying declaration proved by PW - judicial magistrate and
also on the evidence pertaining to the recovery of Article ... doctor whether deceased was in a position to give a
conscious dying declaration.
Dr. Naresh Kumar (PW7) who attended the deceased first
when
fitness after completion of the dying declaration. During the course of recording of the dying declaration, she was fully conscious and was able to give ... dying declaration, he again certified on Ex. P-4 that during the course of recording of the dying declaration, the patient was fully conscious
