findings returned is the acceptance to the
truthfulness of the dying declaration of Poonam recorded by
Crl. Appeal No. 120/2006 Page ... learned SDM i.e. Ex.PW-13/A. Pertaining to the second
dying declaration, Ex. PW-14/F, we note that the learned trial
judge
recorded on the MLC Ex.PW-
9/A. The second would be the dying declaration made to Shri
Sanjeev Kumar ... throwing kerosene, cannot be ruled out. Second
contention urged is that there is a blemish in the dying
declaration of Sonia wherein she states that
match-box does not negate the truthfulness of the dying declaration
of the deceased and the statements made by her children. On the
issue ... second plea urged is neither here nor there. The
burn wounds on the hands of the appellants are explainable as per
the dying declaration
maintaining the right metabolism.
17. As regard Sangita's dying declaration Ex.PW-1/A recorded by the
Sub-Divisional Magistrate ... dying declaration unacceptable.
18. Even if we were to ignore the dying declaration Ex.PW-1/A i.e. the
third dying declaration made
basis of appellant's conviction.
10. Pertaining to a dying declaration the settled legal position is that if a
Court is satisfied that ... find sufficient corroboration to the dying
declaration Ex.PW-12/A.
12. Let us revisit the dying declaration. We have summarized the same in
paragraph
caution requires us to view the evidence carefully concerning the dying
declaration.
CRL.A.No.885/2011 Page 8 of 13
21. We also have ... opposite the kitchen.
24. As a matter of fact, the first dying declaration made by Sonia would
be the statement made by her over
Needless to state, the same has been treated as
the dying declaration of Bala.
18. Learned counsel for the appellant has made a two-
fold ... doctor would have so recorded on the MLC.
21. The second submission made; which actually is an
extended limb of the first submission, is that
March 14, 1995 at their matrimonial house : 16/399-
E (Second Floor) Street No.V, Padam Singh Road, Bhapa Nagar and
thereafter ... made
CRL.A.No.319/2000 Page 1 of 5
a dying declaration to her of her husband having set her on fire. Her
testimony
herself on fire. The
rival version would be the stated dying declaration of Veena
Rani.
Crl.A.48/1999 Page ... preceded by a verbal quarrel between the two as per the dying
declaration of the deceased probablize the fact that during
heated arguments resulting from
Naushad & Ors. vs State on 5 November, 2009
Author: Pradeep Nandrajog
Bench: Pradeep Nandrajog
