mortgage of the property
under sale or had made a false declaration that the property is
free from all encumbrances, but the truth is that
make any dying declaration and I had forged and created falsely the
dying declaration Ex. PW-16/B to be that of deceased Sher Singh ... these facts does not inspire
confidence and does not shatter the dying declaration recorded
subsequently by PW-8 and PW-16. In view of above discussion
deceased and that he is
deposing false.
16. Bhushan Ubhale (PW-9) in whose presence dying
declaration Exhibit 38 was allegedly recorded has stated
that ... relatives of deceased and that he is
deposing false.
19. There appears no dispute that dying declaration
Exhibit 43 as per the case
speak and that in collusion with the family members of the deceased, false and fabricated statements have been recorded to extract money from them. They ... accused may have compelled the deceased to give a false dying declaration. No material was brought on record to justify such a conclusion. The evidence
have not
committed any offence and have falsely been implicated in the offence.
Deceased in her dying declaration recorded by the Executive Magistrate
disclosed his criminal antecedents
and given false affidavit whereas the counsel for the petitioner submits that in
declaration form it should have been declared ... also pointed out that in
declaration form, respondent No.4 has suppressed this material fact and given
false information to the respondents. The petitioner
that reason they have deposed falsely against the accused-appellant. It was submitted that alleged dying declaration (exhibit ka-15) of deceased could ... Where the dying declaration is suspicious, it should not be acted upon without corroborative evidence.
(vi) A dying declaration which suffers from infirmity such
basis of an
uncorroborated dying declaration. Brijlal had no reason for
involving the policemen falsely for having assaulted him. There
was no possibility of anyone ... version differs from the version as
given in the dying declaration, the said declaration cannot be
acted upon. [See State of U.P. v. Madan
Supra) it is unsafe to rely on the
dying declaration Exhibit 17 therefore, dying
declaration Exhibit 17 cannot be said to be trustworthy ... dying
declaration Exhibit 19 is that the contents of this
dying declaration Exhibit 19 i.e. incriminating
circumstances appearing in this dying declaration
against
that entire
prosecution case itself is false one and the
appellant/accused No.1 and other accused were falsely
implicated into the case ... deceased
giving dying declaration before the Special Executive
Magistrate. Therefore, the appellant/accused No.1 had
influenced the deceased for giving false statement and
therefore