dying declaration was made; it cannot be laid down as a
general proposition that a dying declaration is a weaker
kind of evidence; a dying ... practice of a
police officer recording a dying declaration thus:
"29. A dying declaration not being a
deposition in court, neither made on oath
State vs Mahender @ Dabbu//Fir No.109/08 on 13 May, 2011
:1:
THE COURT
just not enough for
the Court to say that the dying declaration is reliable as the accused is
named in the dying declaration ... evidence in
the prosecution of the assailants and a truthful and reliable
dying declaration may form the sole basis of conviction,
even though
philosophy of law
underlying admittance in evidence of dying declaration. "A
dying declaration made by person on the verge of his
death ... dying declaration, the said declaration
cannot be acted upon.
(xi) Where there are more than one statement in the
nature of dying declaration, one first
State vs . Ramesh Kumar on 28 November, 2011
1
IN THE COURT OF S.K
allegedly made
by Shilpi, same does not qualify to be a
dying declaration as admissible u/s 32 (1)
of Indian Evidence Act because ... reliable as he
failed to satisfactory explain how such a thumb mark
could appear on the dying declaration when Rita had
100% burns over
these statements were recorded on 06.07.2009 itself. The oral
account of dying declaration is given by Pw1, Pw2, Pw5, Pw8,
Pw10, Pw19, Pw21 ... deceased. Therefore, they are not reliable
witnesses.
16. Hence, before adverting to the reliability of dying
declaration, in writing, I would first refer
these statements were recorded on 06.07.2009 itself. The oral
account of dying declaration is given by Pw1, Pw2, Pw5, Pw8,
Pw10, Pw19, Pw21 ... deceased. Therefore, they are not reliable
witnesses.
16. Hence, before adverting to the reliability of dying
declaration, in writing, I would first refer
State vs Mahender @ Dabbu//Fir No.109/08 on 11 May, 2011
:1:
THE COURT
reliability of
dying declaration:
i) That is cannot be laid down as an absolute rule
of law that a dying declaration cannot form the
sole ... which the dying declaration was made;
iii) That it cannot be laid down as a general
proposition that a dying declaration is a
State
