injured Munish Kumar to
make a statement, casts a serious doubt on the
reliability of the statement/dying declaration (Exh. P-
34).
58. Moreover, while ... fitness
of the injured Munish Kumar to make a
statement.
(iv) The statement/dying declaration (Exh. P-
34) itself suffers from serious infirmities
dying declaration, and
in the earlier dying declaration, the
accused is not sought to be roped in but in
the later dying declaration, a summersault ... printed endorsement and the
statement was reduced into writing. Therefore, it cannot be said
that the statement in writing dying declaration
statements which
are totally different from her subsequent statements including the
statement made before PW-12 on 18.09.2008, which has been
considered a dying declaration ... deceased Manjit Kaur was voluntarily
making the statement or not and thereafter, recorded her
statement. The said dying declaration (Ex. DO/C) is also
endorsed
veracity of the two dying declarations of the deceased. For ready reference, the dying declaration/statement of deceased recorded ... accept the veracity of his statement."
11.2 For a statement to be termed a "dying declaration", and thereby be admissible under Section
which has now been treated as dying declaration, as the deceased died shortly after giving her aforesaid statement on 18.04.2022 to the Naib Tehsildar. Therefore ... which has now been treated as dying declaration, as the deceased died shortly after giving her aforesaid statement on 18.04.2022 to the Naib Tehsildar. Therefore
Judicial Pronouncements on Dying Declaration:
12. Section 32 of the Indian Evidence Act, 1872 deals
with „dying declaration‟. A dying declaration made by person ... declarant to make the statement.
21.8. If after careful scrutiny, the court finds the
statement placed as dying declaration to be
voluntary and also finds
multiple dying declarations:
i. The primary requirement for all dying declarations is that
they should be voluntary and reliable and that such statements
should ... satisfy her whether the statements recorded by
the doctor was correctly recorded or not?
66. The last statement/dying declaration recorded
further
stated that doctor had written the statement and he had attested the
statement. Statement was given in his presence and Deoki Pandit ... also stated
that doctor had written the statement and he had attested the statement.
Statement was given in his presence and Deoki Pandit
dying declarations, other evidence available on
record may be considered for the purposes of
corroboration of the contents of dying declarations.
9.4 The statement treated ... dying declarations
made by the deceased. Perusal of both dying declaration shows
that the deceased, consistently in both her statements,
specifically stated that the appellant
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
