said motive, and on being tutored, she has made the dying declaration falsely against the accused and he would submit that this has been duly ... reprimand the deceased, out of vengeance, she had given this dying declaration falsely. We find it difficult to accept this defence
Dying Declaration. Accordingly, she recorded the Dying Declaration of the deceased at 01.40 p.m. (vide Ex.P-25). In the said Dying Declaration ... tutored by her mother, the deceased gave such a false Dying Declaration to P.W.18. The hollowness of this argument can be perceived from
allowed now to contend that the theory of dying declaration by deceased has subsequently been falsely developed during the course of investigation ... statement of the witness and fact of dying declaration has been falsely introduced during investigation or trial and it is liable to be rejected
allowed now to contend that the theory of dying declaration by deceased has subsequently been falsely developed during the course of investigation ... statement of the witness and fact of dying declaration has been falsely introduced during investigation or trial and it is liable to be rejected
wholly credible and
trustworthy. Therefore the argument that the dying declaration (exhibit 3)
cannot be relied upon for want of endorsement to the effect that ... accused or was in any way interested in fabricating a false dying
declaration. There is nothing on record to show that any of the relatives
Sharafatulla (PW3) the uncle and
father respectively that oral dying declaration was made to them by
the deceased.
13. Further, according to Jamirulla ... Sharafatulla (PW3)
do not inspire confidence in respect of oral dying declaration. The
false implication at their behest of the appellant is not completely
ruled
dying declaration and the possibility that
the deceased committed suicide by dousing herself with kerosene and setting
herself on fire and thereafter falsely implicating ... place and, therefore, he is falsely implicated and
mentioning of his name considerably dents the veracity of dying declaration
thereby rendering it questionable. However
relating to dying declaration is an
exception to the hearsay rule. The
rationale behind admissibility of a dying
declaration was best expressed ... deny to be false or incorrect.
We see no reason as to why this witness would depose
rt
falsely. Our attention is invited to that
contended that the deceased was
compelled to give false and wrong statement/declaration before the police
as well as before the Executive Magistrate ... false version. Learned
counsel further submitted that the deceased had not named any of the
accused in her dying declaration which was recorded
reading of dying declaration would suggest that an
attempt was made to implicate the accused persons
falsely by the police authorities; and lastly ... urged that it was the police
who falsely implicated the names of the accused in the
dying declaration which led to the registration
