this case the statement of
injured cannot be treated as dying declaration because IO in his crossÂ
examination has stated that the writing ... same cannot be
treated as dying declaration and cannot be relied upon to convict the accused.
Secondly, the IO has admitted in his crossÂexamination
dying
declaration. Further in 1990 CLJ 2276 SC it was held that
when FIR was lodged by the deceased, it can be treated as
dying ... does not suffer for
want of suggesting dying declaration, the statement which is
Ex. PW5/A, which has also been actually tendered
further observed as follows:
"18. In this connection, the second circumstance,
which enhances the potentiality of this delay as a
factor undermining the prosecution ... shall be treated with doubt and
suspicion.
40
(d) DYING DECLARATION
The concept of dying declaration has been beautifully explained
Anand Prakash Gupta vs Sham Lal Gupta on 2 May, 2026
-1-
IN THE COURT
State vs Ajay Sharma Etc on 31 January, 2026
IN THE COURT OF MS. CHARU
Shyam Lal Gupta vs Anand Prakash Gupta on 2 May, 2026
-1-
IN THE COURT
State vs Ravinder @ Sabi on 17 August, 2024
IN THE COURT OF MS. SAUMYA CHAUHAN
fact that
the dying man can never lie or Truth sits on the lips of dy-
ing man. Hence, the Dying Declaration is Admissible ... Barjor Singh. The
second statement which has been treated by the High
Court as a dying declaration is Ex. P-14, being the first
information
further contended that as per the Declaration dated
18.05.1979, soon after the completion of the construction of the house in
question, the entire house ... grab the second floor of the property. It is further
averred that respondent no.2 has filed a suit for declaration before this
court
time of said dying declaration
Bhagatraj was not in a fit state of mind and his condition was
deteriorating second by second. Motive has also
