well settled: dying declaration is
admissible in evidence. The admissibility is founded on the
principle of necessity. A dying declaration, if found reliable,
can form ... person recording the dying declaration is satisfied with
regard to mental fitness of the maker of dying declaration, and the dying
declaration qualifies
well settled: dying declaration is admissible in evidence.
The admissibility is founded on principle of necessity. A dying
declaration, if found reliable, can form ... dying declaration alone,
however, has held that dying declaration should be subjected to
close scrutiny and the Courts must be satisfied that the dying
declaration
contents of the dying declaration
Ex.PW-16/B and observed as under:
25
“21. That in the dying declaration ... precision lends assurance to the
truthfulness of the dying declaration so recorded and this dying
declaration is upon proof of Sher Singh being fit when
burn injuries,
therefore, he cannot make a Dying Declaration.
No attempt was made to get the Dying Declaration recorded by an
Executive Magistrate ... dying declaration of the injured
recorded by an Executive Magistrate, therefore, the Dying
Declaration recorded by Dr. Ankur (P.W.4) is not reliable
shall consider the authenticity of the dying
declaration recorded by the Magistrate. The dying declaration reads as
under:-
“Statement of Rajni W/o Mahender, aged ... dying
declaration was not in question answer form, the sanctity attached to a
dying declaration as it comes from the mouth of a dying person
based on such dying
declaration alone without corroboration. Essentially, for the
infirmity carried by such dying declaration, this Court
found lesser justification for the High ... Dying Declaration, Ex. P.11. This Court has already
come to a conclusion that the said Dying Declaration, Ex. P.11 is
trustworthy and reliable
position to make dying declaration as She had suffered 100% burns.
The dying declaration is not reliable.
10. Per contra, the Counsel for the State ... based on such dying
declaration alone without corroboration. Essentially, for the
infirmity carried by such dying declaration, this Court
22
Bharat Singh Vs. State
dying declaration of deceased Mukta was accepted and preferred than the dying declaration recorded by the Taluka Magistrate. There was discrepancy between the dying declaration ... dying declarations. No infirmity was noticed in subsequent two dying declarations. Second dying declaration recorded by the Executive Magistrate was found quite reliable. In absence
basis of
dying declaration provided the court is fully satisfied that
the dying declaration made by the deceased was
voluntary and reliable and the author ... before she
made the dying declaration, was in proper mental
condition to make the dying declaration detracts
materially from the reliability of the dying declaration
that dying declaration
can be the sole basis for conviction, however, such a dying declaration
has to be proved to be wholly reliable, voluntary ... that
dying declaration cannot form the sole basis of conviction unless it is
corroborated by other evidence. The dying declaration, if found
reliable, could form
