that when a case solely
rests upon the dying declaration and if the dying declaration
is found to be voluntary and free from the shadow ... dying declaration of the deceased
also.
Here in this case, there are three dying declarations
made by the deceased. One at the first instance when
there are more than one statement in the
nature of dying declaration, one first in point of time
must be preferred. Of course ... dying declaration, was not
examined. Moreover, there were two dying declarations which
were inconsistent. In the present case, however, there is only one
dying declaration
deceased to make dying declaration. Nevertheless, this Court opined that the
manner in which the incident was recorded in the dying declaration created grave
doubts ... dying
declaration the evidence with regard to it is to be rejected. (See Kake Singh v. State
of M.P. );
(vi) A dying declaration which
endeavour to prove the charges.
Firstly, we proceed to consider the dying declaration
(Ex.P/10) of Kirtaram, which was recorded by the SHO Richhpal ... dying declaration that
the injured was fully conscious and the dying declaration was
recorded in his presence. Learned defence counsel, however,
criticized the dying declaration
endeavour to prove the charges.
Firstly, we proceed to consider the dying declaration
(Ex.P/10) of Kirtaram, which was recorded by the SHO Richhpal ... dying declaration that
the injured was fully conscious and the dying declaration was
recorded in his presence. Learned defence counsel, however,
criticized the dying declaration
case.
6. The case is based on written dying declaration, and oral
dying declaration made by deceased to her father i.e. PW-1 Gunwant ... lodging first information report. The dying declaration
itself is doubtful, as there is scoring of timing in the dying
declaration and the explanation
police did not get the dying declaration of the deceased recorded by the
Magistrate. In the FIR, the informant has stated that he was busy ... alleged offence.
18. From the conjoint reading of the FIR and the alleged dying
declaration, there is no escape from the fact that the petitioner
took up investigation.
P.W.13, Judicial Magistrate of First Class, recorded the dying
declaration of the deceased. The deceased succumbed to burn
injuries while ... recording the dying declaration was in
full senses, there is no reason to disbelieve the dying declaration.
29. Apart from the dying declaration, there
Officer who had given endorsement
on the dying declaration, PSI Jagtap who had recorded that dying
declaration, father of the deceased and the pancha ... treated as a dying declaration because the injured Dhiraj had
subsequently died. It is mentioned in the FIR that on 3.10.2010 at
about
could
never make any dying declaration the evidence with
regard to it is to be rejected.
(vi) A dying declaration which suffers from
infirmity cannot ... dying declaration, the said
declaration cannot be acted upon.
(xi) Where there are more than one statement in the
nature of dying declaration, one first
