other evidence
corroborating the dying declaration Exhibit-23.
When there is material variance in the dying
declaration and the history recorded by the
medical officer ... dying declaration recorded by
Taluka Executive Magistrate. The dying declaration
recorded by the Executive Magistrate stands on
much higher footing than the dying declaration
recorded
closest
circumspection to the dying declaration before acting upon it.
Learned counsel submitted that the dying declaration recorded
which is neither in the form ... dying
declaration as under:
"22. The analysis of the above decisions clearly shows that:
(i) Dying declaration can be the sole basis of
conviction
dying declaration:-
"22. The analysis of the above decisions clearly shows that:
(i) Dying declaration can be the sole basis of conviction ... that conviction of the accused can be based on
sole dying declaration of the deceased, if it inspire confidence of the Court
dying declaration:-
"22. The analysis of the above decisions clearly shows that:
(i) Dying declaration can be the sole basis of conviction ... dying declaration:
(A) "Dying Declaration".
"14. It is true that in the case on hand, conviction under Section
302 was based solely
submitted that so far as the dying declaration recorded by Executive Magistrate,
Ramrao Padale (PW8) and the dying declaration recorded by PSI Bawaskar ... well-settled that
conviction can be based on the sole dying declaration of the deceased if the dying
declaration is found to be consistent, coherent
With regard to the admissibility of dying declaration in evidence it is by now well settled that dying declaration is admissible in evidence. The principle ... Evidence Act. Dying declaration is an exception to the general rule of excluding the hearsay evidence. The burden of proving the dying declaration is always
mention in the dying declaration
that the deceased was in a fit mental condition to give the
dying declaration, hence the trial Court has committed ... based on the dying declaration of the deceased.
It is well settled principle of law that the dying declaration is
6
admissible in evidence
principle of law that a dying declaration
is admissible in evidence and conviction can be based on dying
declaration if it inspires confidence ... dying declaration:-
"22. The analysis of the above
decisions clearly shows that:
(i) Dying declaration can be
the sole basis of conviction
considered the dying
declaration recorded by the Executive Magistrate and even has not
considered the oral dying declaration made by the deceased before the
relevant ... well-
settled that conviction can be based on the sole dying declaration of the
deceased if the dying declaration is found to be consistent, coherent
trial Judge has
not considered the dying declaration recorded by the Executive Magistrate and even
the oral dying declaration made by the deceased before ... well-settled that
conviction can be based on the sole dying declaration of the deceased if the dying
declaration is found to be consistent, coherent
