statement of Poonam.
The Naib Tahsildar recorded the statement of Poonam between 4.00
p.m. to 4.30 p.m. on 17.01.2012. In the said dying ... police
statement. Learned A.P.P. submits that P.W.5 A.S.I. Venkat Poul has
recorded the statement/dying declaration of deceased Poonam
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
died on 31.07.1985. This Court referring to Section
32(1) held that mere fact that victim died long after
making the dying declaration, the statement ... contention that
the appellant’s wife died long after making
the dying declarations and therefore those
statements have no value. The contention over-
looks
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
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 ... make
the statement, and to record the statement, where he
found that life was fast ebbing out of the dying man and
there
make the statement. The 'fit state of mind'
referred to is in relation to the statement that the
dying man was making ... person who records a
dying declaration must be satisfied that the
dying man was making a conscious and
voluntary statement with normal
understanding
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 ... make the statement, and to record the
statement, where he found that life was fast ebbing
out of the dying man and there
oral dying declaration" and "written dying
declaration" and in that eventuality it would not be
necessary to reduce the dying declaration ... between the
oral dying declaration and the written dying declaration, and in
that eventuality, it would be necessary to reduce the dying
declaration into writing
recording such dying declaration is satisfied that
the declarant is in a fit mental condition to make the
dying declaration then such dying declaration will ... make the statement, and to record the statement, where
he found that life was fast ebbing out of the dying man
and there
wholly inadequate reason for rejecting the
dying declaration.
9. .......... The dying declaration is the statement made by a
person as to the cause ... other than the
verbatim statement, the person recording the statement/ declaration cannot
record the gist, or some part of the statement in a manner
