examined. The second fardbeyan is not on record.
So far treating the Ext. 5, the fardbeyan of Ramashraya
Prasad as dying declaration is concerned, from
charged for an offence under Section 306 of IPC
based upon the dying declaration of the deceased,
which reads as under:-
"My mother ... money. In the dying
declaration, the deceased girl had stated that the
2nd Petitioner remarked her to go and die and the
1st Petitioner slapped
such, denial from exerting any cruelty, is baseless. In dying declaration itself the deceased has stated that she was residing alongwith her in-laws including ... incident, therefore the dying declaration cannot be said vitiated, by reason of having tutored by the parents. The dying declaration is voluntary spontaneous and untutored
charged for an offence under Section
306 IPC basically based upon the dying declaration
of the deceased, which reads as under:
"My mother ... offence
under Section 306 IPC on the basis of dying
declaration recorded by an Executive Magistrate, in
which she had stated that previously there
Agrawal, learned P.L. for the State.
Heard.
This is the second bail application filed by the applicant under Section ... fire. There is a dying declaration of the deceased which squarely
implicates the applicant herein.
This is the second application for grant of bail
Judicial Magistrate was summoned to record the
dying declaration of Mariammal and the dying declaration recorded by the
Judicial Magistrate has been marked ... dying declaration of Mariammal, both the medical officer and his assistant
were present and at the time of recording the dying declaration, the
deceased
Judicial Magistrate was summoned to record the
dying declaration of Mariammal and the dying declaration recorded by the
Judicial Magistrate has been marked ... dying declaration of Mariammal, both the medical officer and his assistant
were present and at the time of recording the dying declaration, the
deceased
relief of declaration that she
3
being the second wife alone is entitled to receive the
benefits of deceased Khaja Modinsab who died
torture and therefore she died onaccount of burning. Counsel for theapplicant has placedbefore this court the dying declaration of thedeceased wherein she has stated that ... treatment.There is no specific role assigned to her in the dying declaration. Onlyallegation is that she wasalsowith the husband of the deceased
while rejecting the first bail application of the applicant considered the dying declaration of the deceased, in which the deceased has clearly nominated present applicant ... deceased has given dying declaration referred to above . He, therefore, submits that in the aforesaid circumstances, dying declaration cannot be relied upon and therefore
