submitted that one dying declaration was allegedly an oral dying
declaration which was not recorded in writting whereas the second dying
declaration although recorded ... both the oral dying declaration allegedly made before PW-1 and
PW-3 and recorded dying declaration allegedly made before doctor are not
reliable
write the dying declaration is obligated to send the same to the Court concerned. He called upon the dying declaration so that there ... conducting medico legal examination and recording the dying declaration., Had the dying declaration been recorded in the hospital in the manner as suggested
Dying Declaration.
31. It is next contended by the Counsel for the appellants that in
Dying Declaration, Ex. P.8, the Doctor has given fitness ... Doctor to record the dying declaration of the injured,
then it cannot be said that the dying declaration recorded by Doctor
would fall
recording the dying declaration,
the deceased had started going into coma. In
that case, the dying declaration was recorded
by the doctor hereself ... such dying declaration is
satisfied that the declarant is in a fit mental
20
condition to make the dying declaration then
such dying declaration will
simply put her signature on the Dying Declaration and the Dying Declaration was neither read
out by the Doctor to her nor she was asked ... dying declaration. Ext.-4 is the
said dying declaration and Ext.-4(4) is her signature as witness. At the time of recording dying
declaration
doctor on dying declaration and, on the dying declaration, there is seal of S.N.M. Hospital but name of doctor is not mentioned ... Dying Declaration that victim can record her "Dying Declaration" is in fact recorded after death of victim as in ordinary course doctor should
Doctor took his signature in the said dying declaration as witness. Ext.-4 is the said dying
declaration and Ext.-4(2) is his signature ... dying declaration. Ext.-4 is the
said dying declaration and Ext.-4(4) is her signature as witness. At the time of recording dying
declaration
such dying declaration is
satisfied that the declarant is in a fit mental condition to make the dying declaration then
such dying declaration will ... such dying
declaration is satisfied that the declarant is in a fit mental condition to make the dying
declaration then such dying declaration will
scrutinising the dying declaration in
that case , found that the Magistrate had recorded the dying declaration in the
presence of the doctor and it must ... dying declaration, would not have
permitted the declaration being taken if the patient was not fit enough to
give the dying declaration. The doctor
Dying declaration-Evidentiary value of-Eye-witnesses
account inconsistent with dying declaration-Dying
declaration if could be relied upon.
Dying declaration-Evidence of doctor that ... Whether invalidates the dying
declaration.
Dying declaration-Deceased naming some other persons
than accused-Such persons not challaned-Validity of dying
declaration.
HEADNOTE:
The appellants
