dying man. Nobody, it has been said, would wish to die with
a lie on his lips. A dying declaration has got sanctity ... affixed
his right thumb impression on the declaration. There is a
certificate at the end of the dying declaration issued by
Casualty Medical Officer
deceased admissible, which is generally described as a `dying
declaration'. The `dying declaration' essentially means the
statement made by a person ... under expectation of death at the time of such
declaration. The dying declaration is admissible not only in the
case of homicide but also
also he is said to have made another dying declaration
before the police. This dying declaration, however, was
rejected both by the Sessions Judge ... accused depends entirely on the
reliability of the dying declaration Ext. P-2. The dying
declaration is undoubtedly admissible under s. 32 of the
Evidence
basis of Exh.2,
the dying declaration of the deceased.
The law relating to dying declaration - the relevancy,
admissibility and its probative value- is fairly ... actual words of the maker of the
declaration. Generally, the dying declaration ought to be
recorded in the form of questions-answers
dying declaration are
not clear or convincing that the Court may, for its
assurance, look for corroboration to the dying declaration.
[628D-E]
The instant ... basis of an uncorroborated dying declaration The
circumstances leave no doubt that the dying declaration made
by the deceased to the Judicial Magistrate
same cannot be
said of a dying declaration because a dying
declaration may not, unlike a confession, or the
testimony of an approver, come from ... dying declaration, the said declaration
cannot be acted upon."
"(i) There is neither rule of law nor of
prudence that dying declaration cannot
correctness of dying-declaration. Therefore the said declaration should be believed and appeal against judgment passed on dying-declaration is liable to be dismissed ... 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
Sarode] 11.30 am – 12 noon.
Letters Ex. 118-9, 121.
Recorded Dying Declaration of
PW8 Ex. 122, 5.20 pm to 6 pm.
14 Sayyad Panch ... Kashinath First Investigating Officer.
Bharate Recorded Dying Declaration of
PW1 Ex. 178 dt. 6.6.03
21 PI Ramesh Searched houses of A1, A3, A4, A5
Patil
High Court,
therefore, was not prepared to accept the dying
declarations. If the dying declaration are excluded there is
no other evidence to establish ... elicited by
way of questions and answers and the declaration was
recorded verbatim, the dying declaration were accepted to be
truthful and as such they
cent burnt person can make a dying declaration or put
a thumb impression:
8. In Mafabhai Nagarbhai Raval v. State of Gujarat ... corroboration of a dying declaration, unless the declaration suffers
from any infirmity.
So far as the question of thumb impression is concerned, the
same depends
