Bobby on fire. They took up the plea that the
dying declaration is false. She (Bobby) never made any dying declaration
to Dr. Raj Mohan ... declaration, the medical opinion cannot prevail.
(x) Where the prosecution version differs from the
version as given in the dying declaration, the said
declaration cannot
that a particular dying declaration is truthful,
convincing and should be relied upon. Whenever the Court finds a dying
declaration to be suspicious, the same ... public servants without any motive to falsely
record the same, let us examine the third dying declaration purported to
have been made to Smt. Sudesh
held that there was no legal requirement that the dying declaration would be
admissible in evidence only when the same is made in expectation of death ... only to eliminate chances of any doubt of
false implication by prosecution that a dying declaration recorded by a Magistrate or
a doctor is preferred
1998 Page 5 of 14
reliable dying declaration yet, there is sufficient corroboration to the dying
declaration in the shape ... that Seema made a dying
declaration to them. A suggestion by the learned APP that they had
deposed falsely in order to save the Appellants
rely on the dying declaration,
without any corroboration, the possibility of tampering and manipulation or creation of a false
story ought to be completely eliminated ... went to the P.S. where we were detained and later on falsely implicated in this
case. We are innocent.
XXXXXX XXXXXX XXXXXX
prudence that dying declaration cannot be acted upon without corroboration. It
was laid down that if the dying declaration is true and voluntary ... motive for the
witnesses to have concocted the dying declaration or to have falsely deposed
against him. The presence of the witnesses was natural. Thus
Natasha Kohli or firing at P.V.V.S. Murthy. He was falsely implicated
in the case because of his dispute due to leaving employment. According ... falsely depose against the Appellant or to falsely
implicate him. The dispute of his leaving employment or intention of PW-1 to
falsely implicate
have been in a position to
make a dying declaration or that the dying declaration itself was shrouded in suspicious
circumstances, it cannot be relied ... false implication of the
Appellants. This was a second aspect which the Trial Court took into account while
relying upon the dying declaration
there was no reason for
PW-14 to have deposed falsely. Learned APP also argued that the distinction between fitness and
fitness to make ... criminal case, - entirely on a dying declaration. The Court has to be
satisfied not only that the dying declaration was made in the manner alleged
murder of Umesh/ Jeeja of accused
Naveen. The same establish motive for false implication of the
accused.
30. The counsel for the accused also urged ... deceased it may be observed
that the same is short of dying declaration. The same was given
two days after the incident. Permission
