statement is marked as Ex.P.32. Learned
Additional Sessions Judge treated both the statements to be
statements under Section 32(1) of the Indian ... nature of the dying declaration;
so was the statement of the deceased (Ex.P.32). In both these
statements the three accused persons have been
Where there are more than one statement in the
nature of dying declaration, one first in point of time must
be preferred. Of course ... recording the dying
declaration is satisfied that the declarant is in a fit
medical condition to make a dying declaration then such
dying declaration will
Court held that the so called statements made before the doctors cannot be accepted in view of the dying declaration recorded by PW14 ... Where there is more than one statement in the nature of dying declaration, one first in point of time must be preferred. Of course
High Court was to the effect that the statement in the so called
dying declaration that she had a boil in her armpit was belied ... there is only a vague reference to it in the dying
declaration. The statement of PWs 7 and 8 that they had told
the Investigating
written as a dying declaration. Further,
the trial Court held that Exb.P-10 was neither dying
declaration nor a statement under Section ... state of
health to make a statement. If the dying declaration is
recorded by an investigating officer the same can be relied
upon
condition of Sugra for giving
statement was prepared. Smt. Sugra's statement just before her dying declaration was
recorded on the day of incident ... Procedure, 1973 (in short ` Cr.P.C '). In their statements, accused said that statements of
witnesses are wrong and that Sugra's father
doctor or the other witnesses
should make a false statement about the dying declaration.
There is no allegation of enmity between the accused and
these ... opportunity of questioning veracity
of the statement by cross-examination. The
dying declaration if found reliable can form the
base of conviction.
8. In Babulal
victim was not in a
condition to give dying declaration and that the statement was the result of
tutoring.
9. Learned counsel for the respondent ... Where there are more than one statements in the nature of
dying declaration, the one first in point of time must be preferred. Of
course
reason why the judicial officer should make a
false statement about the dying declaration.
8. As observed by this Court in Narain Singh v. State ... statement.
13. The trial Court and the High Court have analysed the
evidence of these witnesses and the statements made in the
dying declaration referred
said that there is
no corroborative evidence of the statement contained in the
dying declaration. The evidence of PWs 1, 4, 5 and 8 clearly ... die. There is no
requirement of law that a dying declaration must necessarily be
made to a Magistrate and when such statement is recorded
