hospital.
She died on 04.07.2011. She had made two dying
declarations, one on 28.06.2011 and another on
30.06.2011. These dying declarations were taken ... witnesses was put at the time their statements
were recorded. The statements i.e. the
statement of Doctor Bashir Ahmad and the
scribe
said statement, there is
fitness certificate of Dr. O.P. Bishnoi, declaring the patient fit to
give statement. The said dying declaration was recorded ... dying declaration of the deceased
or the dying declaration of the deceased inspires any confidence
or the dying declaration is a tutored statement
conscious to give statement.
After obtaining fitness certificate, the S.H.O., Police
Station Jamsar, recorded the statement-cum-dying
(9 of 28)
[CRLA ... more than one dying declaration, the intrinsic
contradictions in those dying declarations are
extremely important. It cannot be that a dying
declaration which supports
present at the time of the
incident in the second statement. The second statement is more detailed in
respect of the commission of the offence ... dying declarations were inconsistent. The court, however, did
not throw out the entirety of such dying declarations. To the extent that both
dying declarations were
whole and a part of statement cannot be taken into consideration excluding other parts of the statement. In the dying decleration itself in the three ... statement without any pressure and any fear. Smt. Bilas was mentally fit to give the statement till her statement was completed. In her dying decleration
that merely because a person died long after making the dying declaration, the statement does not become irrelevant. In the said case, incident took place ... could have tutored or prompted the deceased to make the statement. Dying declaration of the deceased was wholly reliable and voluntary. There
dying declarations. If the other evidence is
consistent with one dying declaration, that
dying declaration can be safely accepted and
relied upon and other dying ... while
giving the statement. He also at the end of the statement
made his endorsement and put his signature below the
statement with date
more than one dying declaration, the intrinsic
contradictions in those dying declarations are extremely
important. It cannot be that a dying declaration which
supports ... Masurkar on the dying declaration. PW 11 was shown
the dying declaration. He has deposed that the certificate
recorded on the dying declaration
need to record the statement by the Investigating Officer. Further the statement recorded by the Investigating Officer is not the statement of the victim ... date on the statement and secondly it is not statement of the victim coming within the purview of dying declaration. The last sentence says
dying declarations, learned
Sessions Judge accepted the dying declaration made on 24.03.2006, i.e., on the
previous day of death of the deceased. This dying ... best person to opine about the fitness of the dying man to make
the statement and to record the same where he finds that life
