case makes the prosecution case wholly
unreliable.
39. The dying declaration Exh. 35 negates this submission.
The dying declaration Exh. 35 does not show that
second dying declaration
(Ex. PE), she has implicated the appellant as well as his
parents. In the first dying declaration (Ex. DO/C), she stated ... suspicion on anyone, she has replied in the negative. The
first dying declaration (Ex. DO/C) is also endorsed by Dr.
Sobti (PW1) stating
main door of her house.
19. Non recording of the dying declaration of the deceased could not be a factor to be interpreted adversely against ... Judge to have taken it to be a negative point against the prosecution that her dying declaration was not recorded, unmindful of the miserable condition
above dying declaration which could have
justified the trial Judge to discredit the same. So far as
the other declaration before Dr. Joshi is concerned ... sustained burn injuries. Another circumstance which
negatives the theory of accidental death is furnished by the
dying declaration (Ext.20) itself wherein the deceased
stated
hesitation in answering the question in the negative.
6. Quite contrary to the contents of the dying declaration which clearly indicated that the respondent
dying declaration of Ajimunnisha are poles apart and in a stark contrast to each other. In a dying declaration there is not even a whisper ... proof regarding her admission in the hospital would not negate the authenticity of the dying declaration. The dying declaration, the deceased in an unambiguous term
declaration must relate to the main event and must explain,
elucidate or in some manner characterize that event, (ii) it must
be natural declaration ... transaction itself, and also whether it clearly negatives any
premeditation or purpose to manufacture testimony. Unsworn
declaration as part of resgestae depends upon the credibility
eight witnesses and it
has relied upon dying declaration (Exh.18), oral dying
declaration made to PWs.4 and 6 and panchanamas referred
::: Uploaded ... point No.2 and 3
in the negative. It has failed to appreciate the evidence
of dying declaration recorded by the Executive Magistrate
first dying declaration in the form of F.I.R. as well as in the second dying declaration in the form of his statement made ... torch at that time cannot be interpreted negatively. Rather, this dying declaration recorded by the Tahsildar has the ring of truth. The deceased
weight of this oral dying declaration allegedly made by the duaghter to Ravishankar. The law regarding dying declaration is :- firstly it must be established beyond ... circumstance show negating conduct on his part, the court will seek corroboration to the fact narrated in the dying declaration (which has weakenesses inherent
