could
have given any dying declaration to the witnesses/neighbors. Hence, Court
cannot rely on alleged dying declaration.
I have given due consideration ... minutes.
In case of dying declaration, the time gap of even few minutes can be
crucial. Secondly, the dying declarations were heard
conviction on a dying
declaration made to an investigating officer.
(iv) The practice of the investigating officer himself recording
a dying declaration during the course ... record the dying declaration, proceeded to do so himself
and allowed the doctor to go. Therefore, the dying declaration cannot
be taken into consideration
Surender has also been put forth as a witness to dying
declaration made by deceased on 15.5.2009. He deposed that he was posted in
Distt ... wala danda) in his anus.
43. The second witness put forth by the prosecution qua the dying
declaration made by deceased Harminder
said dying declaration cannot be
relied upon, as there is no independent corroboration, regarding the
contents of the said dying declaration, as PW2 Ram Kumar ... position to put signatures on the dying
declaration and the said dying declaration was fabricated one. This
argument was without any substance
During investigation, copies of DD entries were collected. Dying
declaration was recorded by the second IO, who reached after receipt of DD entry ... statement and according to dying declaration of deceased
Shabnam Ex. PW20/A, she could not sign as hands of Shabnam were tied
sets of evidence on record. One is the
dying declaration of deceased Khus hi and second is
the evidence of Manju Saxena ... state of mind when she gave
the dying declaration. Ld. Counsel sub mitted that
there is no certificate of the doctor to this effect
Firstly on 12.08.2001
at 1.30 AM and secondly on 13.08.2001 at 8.45 AM. The timings of
dying declaration given by deceased Amit ... hospital. The learned defence counsel has contended that
such dying declaration is not admissible in evidence because the
same is suspicious and without corroborating
read as a dying declaration made by the deceased
against the accused. It is a settled law that a dying
declaration has to be proved ... also clouds the alleged dying declaration
with doubt. Thus, it is not considered safe to rely upon the
alleged dying declaration noted
Vinod and PW15 Insp. Amrendra, which can be
termed as his dying declaration.
The Ld. Counsel for the accused has relied upon one
judgment Rasheed ... case rather of direct
evidence. Firstly, there is dying declaration available on record.
Secondly, there is statement of PW4 as discussed above, which
absolved the accused Dinesh in her two dying
declaration but from the third dying declaration, it is proved that the
said statements were given under ... maternal uncle of the
deceased insisted on recording second or third dying declaration of
the deceased. Victim's family member may not have been
