recorded dying declaration, the deceased was in fit state of
mind or not and it is the authority who records the dying declaration to
satisfy ... laid if plea of false
implication is made. In the present case, the witnesses to oral dying
declaration have consistently stated that on being asked
circumstances appearing against him in the prosecution case, pleaded
innocence and false implication. In defence, he examined his mother
Bhuribai Yadav.
04. The trial Court ... burning or suicide and the appellant has
been implicated falsely.
(ii) that the dying declaration (Ex.P/11) was recorded at the instance of
relatives
Court
has to examine a dying declaration scrupulously with a microscopic
eye to find out whether the dying declaration is voluntary, truthful,
made ... dying declaration. The Court has to weigh all the
attendant circumstances and come to the independent finding whether
the dying declaration was voluntary and truthful
recording of fourth dying declaration (Ex.D-4) on
26.11.2011 becomes doubtful and it shows that the appellant has been
falsely implicated in crime ... impugned judgment learned counsel for
the State submits that;
• apart from dying declaration (Ex.P-4) dated 26.11.2011 recorded by
the Executive Magistrate, the deceased
also recorded in which they denied their guilt and pleaded
innocence and false implication in the case.
4. After hearing the parties, the Court below ... According to Shri Sinha, accused/appellant No.1 namely
Bharat has been falsely implicated in the case in hand on account
of previous enmity between
appellant has been falsely implicated in crime in
question.
• Present is the case of suicide by the deceased, however, to falsely
implicate the appellant ... declarations (Ex.P-11 & P-35), the
deceased made oral dying declaration before PW-1, PW-4 & PW-9
and thus there
Raipur that Latabai had suffered 83% burn
injuries. On 15.11.2009 dying declaration (Ex.P-8) of the deceased was
recorded by the Executive Magistrate ... incriminating evidence and circumstances,
he denied the same and pleaded innocence and false implication.
4. Upon consideration of evidence, the trial court while acquitting
accused
which he
abjured his guilt and pleaded innocence & false implication.
4. After hearing counsel for the parties and considering the material available
on record ... Porte (PW-9), alleged witnesses
of oral dying declaration made by the deceased, are not reliable and
likewise, witnesses of last seen is also
burn injuries,
which was dangerous to her life. There her dying declaration (Ex.P/8)
was recorded by PW-10 PR Tekam, Assistant Sub Inspector ... state of mind to make such statement. However,
after recording her dying declaration, on 18.1.2010 she succumbed to
the burn injuries. Inquest over the body
Procedure in which they have denied
their guilt and pleaded innocence and false implication in the case. One Anand
(DW-1) has also been examined ... suicide. She submits that being the interested witnesses, the oral dying
declaration said to be made by the deceased before Sukhlal (PW-5), Kailash
