rely upon
the said statement having regard to the nature and content of the
said statement as one of dying declaration as deeming ... 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
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
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
die. There is no requirement of law
that a dying declaration must necessarily be made to a magistrate
and when such statement is recorded ... state of mind to give her statement and affix her left
thumb impression on the statement. The dying declaration was
accepted by this Court
before recording statement of deceased at 7.50 a.m., The statement which was recorded by Tehsildar is quoted herein below:-
"Dying Declaration ... recording dying declaration as is evident from the dying declaration mentioned herein above.
49. The prosecution has not come with the case that dying declaration
giving her
statement. Accordingly, said Kuldeep Kumar
recorded her statement and on the basis of this
statement, FIR was registered.
10. Mr. J. P. Gandhi ... thSSe statement after having been
satisfied that the person making the statement
was in fit statement of mind to make a
voluntary statement
giving her
statement. Accordingly, said Kuldeep Kumar
recorded her statement and on the basis of this
statement, FIR was registered.
10. Mr. J. P. Gandhi ... thSSe statement after having been
satisfied that the person making the statement
was in fit statement of mind to make a
voluntary statement
dying declaration. On this point learned
counsel referred to dying declaration in this case and pointed out that initial
part of this statement of Afsana ... aspect of cruelty in that dying declaration may not
qualify to be a dying declaration but then this statement which is the basis for
registration
fact been fit enough to make such a statement, the said dying
declaration could not be relied upon, as she had died as a result ... statement. While making her statement, Kusumbai had been fully
conscious, and she had placed her thumb impression on the same. When
her statement was recorded
statements, her condition and the
certificate issued by the doctor as well as the contents of the statements.
Though, in one of the statement ... accused on the basis of such dying
declaration. When there are multiple dying declarations, each dying
declaration has to be separately assessed and evaluated
