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
a dying declaration, the Court has to keep in view, the circumstances
like
proposition that a dying declaration is a weaker
kind of evidence than other piece of evidence; (4)
that a dying declaration stands on the same ... Hence, in order to pass the test of reliability,
a dying declaration has to be subjected to a very
close scrutiny, keeping in view
speak and put her thumb impression on the dying declaration.
14. The aforesaid dying declaration finds corroboration from the
evidence of Dr. Praveen Sharma ... endorsed the
certificate on the dying declaration (Ex P/16). According to him, after
the dying declaration was recorded, he again examined Lalwati and
found
should have been a witness in the dying declaration provided the dying
declaration is held to be reliable and trustworthy.
21. We may notice that ... wrong description of names in the dying declaration,
the dying declaration still be held to be reliable.
27. Accordingly, we are of the view that
submitted that the dying
declaration was not in question answer form, nor Smt.Savitri Devi was
conscious and thus the dying declaration ... nature of
dying declaration, one first in point of time must be
preferred. Of course, if the plurality of dying declaration
could be held
witnesses. The learned A.P.P.
further submits that the dying declaration is
reliable piece of evidence. The medical officer
was sitting there when ... truthfulness and reliability of
the dying declaration of the deceased. The dying
declaration was made voluntarily and is worth
reliable.
24. The investigating officers have
Jai Prakash Sah & Anr vs State on 5 April, 2013
Author: Shivaji Pandey
Bench
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 ... whether or not the said dying
declaration was truthful or voluntary.
22.
PW-17, who recorded the dying declaration had in his deposition
categorically stated
first dying declaration. It is vehemently urged that if oral dying
declaration made before P.W. No.16 - Shantaben Chhagangar and oral
dying declarations made ... therefore, any evidence brought on record
through dying declaration in the form of oral dying declaration
saying occurrence of incident was due to dowry demand
