therefore, relevant and material evidence in the case. A truthful and reliable dying declaration may form the sole basis of conviction, even though ... Hence, in order to pass the test of reliability, a dying declaration has to be subjected to a very close scrutiny, keeping in view
proposition that
a dying declaration is a weaker kind of evidence than
other pieces of evidence;
(4) that a dying declaration stands on the same ... human
character; and
(6) that in order to test the reliability of dying declaration,
the Court has to keep in view the circumstances like
corroborated by ocular
witness and medical evidence amounts to dying declaration and is reliable.
The Division Bench has held as under :-
"13. In instant ... proposition that
a dying declaration is a weaker kind of
evidence than other pieces of evidence; (4)
that a dying declaration stands on the
same
Magistrate
for recording the dying declaration was not explained.
17. In the instant case, the alleged dying declaration (Ex.PW.11/A)
was recorded ... well settled, dying declaration is admissible in
evidence. The admissibility is founded on principle of
necessity. A dying declaration, if found reliable, can form
would be justified in saying this suicide note to be a dying declaration. This suicide note had been written in handwriting of the deceased ... examined on oath before the court. A truthful and reliable dying declaration may form the sole basis of conviction and it can just be imagined
philosophy of law, which
admits in evidence a dying declaration. In Indian Judicial system, a dying
declaration made by a person ... follows:-
"30. A dying declaration made to a police officer is admissible
in evidence, however, the practice of dying declaration being
recorded by investigating
rather they had contradicted the dying declaration.
12. He further contended that the dying declaration Ex.PA is
not reliable. The death has occurred after ... prosecution is
based on the dying declaration of the deceased. If the dying
declaration is true, correct, reliable and has been recorded in
accordance with
dying declaration, was in proper mental
Crl. Appeal No. 702-DB of 2002 ::12::
condition to make the dying declaration detracts materially
from the reliability ... nature of dying declaration, one first in point of time
must be preferred. Of course, if the plurality of dying
declaration could be held
Palwinder Singh. Such
oral dying declaration given to PW-4 Palwinder Singh is corroborated
by the dying declaration Ex.PW3/A, mentioned above.
Kumar ... incident in question
and, thus, is the first dying declaration. The dying declaration, if
reliable and trustworthy, can be oral as well. Reference
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 ... Magistrate when
requested to record a dying declaration. The Magistrate
before recording the dying declaration must satisfy himself
that the deceased is in a proper
