Divisional /
Executive Magistrate for recording statement of injured. The
statement Ex. PW2/A now being projected as dying declaration of
deceased Shivani, cannot ... statement at 05.15 p.m. and was
declared fit for statement at 07.30 p.m. by Dr.Inderdeep Singh and only
thereafter her statement
effect, that the patient was in
a fit statement of mind to make the statement, the dying declaration
cannot be accepted by the Court ... die.
There is no requirement of law that a dying
declaration must necessarily be made to a
magistrate and when such statement is recorded
Learned APP for State further submitted that the statements of
prosecution witnesses and dying declarations of the deceased are
corroborative in nature and the prosecution ... present at the time of
recording of the first dying declaration. In this statement, the
deceased has very clearly mentioned the assailant
dying declaration,
and in the earlier dying declaration, the accused is not sought to
be roped in but in the later dying declaration, a somersault ... statement. I
recorded her statement as verbatim in my own handwriting.
Rakhi had put her right thumb impression on the said statement.
The said statement
deceased while he was in a
fit condition to make the statement. The dying declaration has to
be taken as a whole and the witness ... deceased while he was in a fit condition to make the
statement. The dying declaration has to be taken as a whole
and the witness
However, statements of PW2 and
PW3 were recorded belatedly on 28.06.2008 and statement of PW4
was recorded on 05.09.2008 by improving their statements and
nothing ... statement of
the deceased Ex.PW11/A and later she succumbed to her injuries on
28.06.2008. Statement of PW2 is corroborated with the statement
death comes into question."
24. To treat a statement as dying declaration following ingredients need
to be fulfilled:
(i) Statement should ... necessary to look for
corroboration of such a dying declaration. As
envisaged, a dying declaration is generally to be
recorded by an Executive Magistrate with
corroboration.
18. In this context, let us consider the statement/dying declaration of
Kavita and its acceptability. The same is reproduced below:
"Stated that ... Thereafter, her statement was recorded. There is
no certificate on Ex. PW13/B that Kavita was fit
for making statement. This statement
submitted that although the appellant is alleged to have made a
disclosure statement pointing out the relevant STD/PCO shop, the said
pointing out memos ... father Dr. Shrimal
Roy, tantamount to be a dying declaration, because the said statement
does not relate to the cause of his death
examined the victim Geeta Rani recording her statement
(Ex.PW-11/B), this eventually becoming her dying declaration on
which the prosecution would rest ... General statements made about illicit demands for dowry in the
statement (Ex.PW-11/B) attributed to the victim, and in the statements
