deceased to the IO on 20.02.2005
was treated as her dying declaration under Section 32 of Evidence Act.
After closure of prosecution evidence the accused ... deceased too had no ill will to falsely
name the accused in her dying declaration. She was conscious, oriented
and able to make a coherent
statement of PW-1 Sh. Yogesh Pal Singh
who recorded the dying declaration is also very crucial and cannot be brushed aside.
He was totally ... independent witness and there was no reason for him to concoct
any false story. Similarly, the statement of PW-20 ASI Bhupinder Singh
which the learned ASJ reached the finding of
guilt.
Recorded Dying Declaration
8. The learned ASJ relied on Mamta's statement ... parents. When she refuted these allegations
by saying that it was a false allegation, the appellant poured kerosene
from the lamp
dying declaration by
deceased Billu, produced as Ex. PW-11/B. Learned counsel submitted that no
credence could be given to this dying declaration since ... Police Force. Learned counsel for the
appellants submitted that the said dying declaration was not witnessed by anyone
and that the doctor who is alleged
Sunil Pandey and the appellant in
respect of shop. DW19 also proved declaration deed as Ex.DW3/DX1. DW-21
deposed that ... given ` 1,30,000/- to the appellant on 13.04.2007 and a declaration
Ex.DW3/DX1 was executed. The possession of a shop
occasion for the Appellant to set him on fire. She was falsely
implicated by the deceased's brothers with the intention of grabbing ... circumstantial evidence only. The prosecution has heavily relied upon the
dying declaration made by Anup Singh before Dr. Dr.Vijay Kumar Gupta
dying declaration by
deceased Billu, produced as Ex. PW-11/B. Learned counsel submitted that no
credence could be given to this dying declaration since ... Police Force. Learned counsel for the
appellants submitted that the said dying declaration was not witnessed by anyone
and that the doctor who is alleged
dying declaration by
deceased Billu, produced as Ex. PW-11/B. Learned counsel submitted that no
credence could be given to this dying declaration since ... Police Force. Learned counsel for the
appellants submitted that the said dying declaration was not witnessed by anyone
and that the doctor who is alleged
relative, (Rajesh). The
prosecution falsely alleged that the deceased had a love affair with the
accused's sister to falsely implicate him in this ... counsel pointed out that the
whole story of the so-called dying declaration was a myth. It is the
contention of the learned counsel
credibility of PW-7‟s testimony.
16. Moreover, as regards the dying declaration that PW-7 claimed to
have witnessed, the witness deposed that ... unfit to give a statement.
Due to these inconsistencies, this dying declaration was held not to have
been proved by the Trial Court. We agree
