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
that dying declaration of Smt. Uma Devi was necessary. This report Ex. Ka-1 belies the first dying declaration theory. Apart from this, the evidence ... that the person who records a dying declaration must be satisfied that dying man is making a conscious and voluntary statement with the normal understanding
dying
declaration in verbatim but in the words of the doctor, PW-9.
[12] In respect of a dying declaration within the meaning of
Section ... fitness of the mind of the declarant, the dying
declaration is not acceptable. A dying declaration
can be oral or in writing and any adequate
dying declaration.
35. In this regard it is necessary to examine
the law on the aspect of 'dying declaration'. A three
Judges bench ... deceased to make
dying declaration. Nevertheless, this Court
opined that the manner in which the incident
was recorded in the dying declaration created
grave doubts
whereby the doctor certified that during recording of statement/dying declaration she was conscious and mentally oriented. The dying declaration was self revealing wherein ... relevant dying declaration ought to have been procured by Ashok Kumar Yadav (PW-8) Investigating Officer did not receive the impugned dying declaration during investigation
dying declaration and since the witnesses of the prosecution have resiled, the entire case of the prosecution case revolves around dying declaration ... necessary to look for corroboration of the dying declaration. As envisaged, a dying declaration is generally to be recorded by an Executive Magistrate with
make statement. Thereafter, the Magistrate
recorded her dying declaration. Even throughout the period, the dying
declaration of the deceased, continued to be record, the doctor ... condition to make dying declaration, is must
and absence of such a certificate, rendered the said dying declaration, to be
invalid. In the instant case
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 ... 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 and on first information he went to record the dying declaration (Ext. Ka-2). He also stated that in the dying declaration ... 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. The
doctor has clearly stated in his evidence that at the time
when the dying declaration was recorded, deceased was
conscious ... dying declaration the evidence
with regard to it is to be rejected.
(See Kake Singh v. State of M.P .)
54
(vi) A dying declaration
