statement, by circumstances beyond his control; that the
statement has been consistent throughout if he had
several opportunities of making a dying declaration apart
from ... made the dying declaration, was in proper mental
condition to make the dying declaration detracts
materially from the reliability of the dying declaration
seen while scrutinizing the
dying declaration and making up the mind whether such dying declaration is
reliable or not. The dying declaration must ... making the statement.
27. Insofar as the statement of the deceased to her mother (treated as
fourth dying declaration) is concerned, this is proved
Pavitra Bhardwaj)
Bhimrao Ambedkar College,
Yamuna Vihar, Delhi -94"
The statements (dying declarations) made by the deceased to the IO and the
Learned ... dying declaration is that normally a
person shall not tell lie at the time when he is going to die. In both, dying
declaration
Pavitra Bhardwaj)
Bhimrao Ambedkar College,
Yamuna Vihar, Delhi -94"
The statements (dying declarations) made by the deceased to the IO and the
Learned ... dying declaration is that normally a
person shall not tell lie at the time when he is going to die. In both, dying
declaration
statement, by circumstances
beyond his control; that the statement has been
consistent throughout if he had several
opportunities of making a dying declaration apart
from ... die. There is no requirement of law that a
dying declaration must necessarily be made to a
Magistrate and when such statement is recorded
recording a
dying declaration shall at the conclusion of the dying declaration
certify that the declarant was fit to make a statement and it
contained ... considering a dying declaration and in
basing a conviction on a dying declaration.
26. In order to ascertain as to whether the dying declaration
dying declaration, the Apex Court laid down (Para 9) :
"The law with regard to dying declarations is very clear. A dying declaration must ... previous statement. If he admits the previous statement, it is unnecessary to prove it. If he denies the previous statement, such statement
make the statement, the
physical and mental condition of the person who made the
statement, the cogency with which any such statement was made ... discredit contents of the said
statement, we hold that the reliance placed upon the said
statement as the dying declaration of the deceased was
perfectly
discredit contents of the said statement, we
hold that the reliance placed upon the said statement as the
dying declaration of the deceased was perfectly ... state of mind to give her statement and affix her left thumb
impression on the statement. The dying declaration was accepted
by this Court
statement, by circumstances beyond his
control; that the statement has been consistent
throughout if he had several opportunities of making a
dying declaration apart from ... this case, the prosecution was
relying upon five dying declarations which included, firstly, a
statement alleged to have been made by the deceased
