dying declarations.
First of all, I have to state the legal position regarding dying
declaration. The legal position regarding the admissibility of a dying
declaration ... die. There is no requirement of law
that a dying declaration must necessarily be
made to a Magistrate and when such
statement is recorded
that he
does not have any personal knowledge about the said statement/dying
declaration and he cannot comment anything about the said statement and
only ... giving statement. Perusal of statement of deceased reveals that
deceased was in a fit state of mind while giving his dying statement
alleged statement was
recorded. He submitted that said statement can not be
relied upon and in absence of any corroboration the
statement by itself ... stated that the Investigating Officer had
recorded her statement on 14.12.2017 and that after here
statement the statement of the deceased was recorded by
the Investigating
declaration because statement Ex. PW21/C dated 18/5/2008 and the
statement mark-A dated 19/5/2008 are fabricated statement which ... that these
statements does not bear the thumb impression of the deceased and
these statements were not made by her and thus statements were
fabricated
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 ... sanctity is attached to a dying declaration
because it comes from the mouth of a dying person. If the dying
declaration is recorded not directly
been made or recorded.
13. In the present case, the above statement/dying declaration ( Ex.
PW18/B) of deceased Pankaj has been recorded ... state of mind and was capable of making the statement, when the said
statement /dying declaration was recorded by the PW18. In addition
injured fit for statement, the investigating
officer recorded the statement of Ram Bahadur in the usual
course of affairs, Ram Bahadur died after 2 days ... incident amounts to dying declaration.
Firstly, the dying declaration is taken. The
statement of Ram Bahadur was recorded immediately after
the receipt of information recorded
Dinesh Gupta, both eye
witnesses, and also from the statement/dying declaration (Ex. PW2/B) of
deceased recorded by IO. He argued that ... die. There is no requirement of law that a
dying declaration must necessarily be made to a
magistrate and when such statement is recorded
dying declaration i.e. dying declaration recorded by
HC M.K. Khan Ex. PW18/B and the dying declaration in the form
of statement ... given by her in her statement
Ex. PW18/B to ASI M.K. Khan.
53. The second dying declaration recorded by Dr. Jagminder
Singh
died while receiving
treatment at GTB Hospital. Prior to her death, the IO HC Jagpal
had recorded the dying declaration of the deceased vide
statement ... some acid after the accused asked her to
do so. The statement/dying declaration of the deceased is fully
corroborating with the testimony of other
