correctness. The statement also bears his
initial. He further deposed that he recorded the certificate Ex.PF/2 on the
statement. The statement was voluntary ... statement of the deceased as the statement recorded by
the Magistrate was taken away by him. Moreover, as already mentioned
both the statements are consistent
effect that the statement had been recorded in his presence and she (Baldev
Kaur) remained conscious throughout her statement. The original statement ... statement. Therefore, it is
established that Baldev Kaur (deceased) was not fit to make a statement on
8.12.1995 and 9.12.1995 and she made a statement
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
die. There is no
requirement of law that a dying declaration must necessarily be
made to a magistrate and when such statement is recorded ... later treated as a dying declaration
because she died. Whether police could have recorded a
regular dying declaration or not was a matter for cross
doctor declared her fit to make a statement vide Exh.PL/1. Her statement/dying declaration was recorded by Dr. K.D. Singh which ... There are deviations from statement to statement, consistency is conspicuously missing. The first dying declaration recorded by Dr Kolte does not say about Pushpaben sprinkling
statement (Ex. PQ/2) was recorded on
4.1.2002. In this statement she reiterated the sequence of events as in her
previous statement. She died ... make a statement. Thereafter, he recorded
the statement of Manrpeet Kaur. He proved the statement (Ex.PQ/2).
After recording her statement, its contents were
burn injuries and long time
before she died could be treated as dying declaration. To make the
statement admissible in evidence as dying declaration ... recorded long before she had died
cannot be treated as dying declaration and could be termed only
as statement under Section
doubt, dying declaration is a weak
type of evidence. Without corroboration, dying declaration alone is not
sufficient for conviction of the appellants, but dying declaration ... patient was fit to make statement or not. Doctor reported that the patient
was fit to make statement, then dying declaration was recorded. Dying
declaration
further corroboration. It is true
that to know authenticity of the statement (dying declaration ... veracity of
that statement cannot be subjected to cross-examination. In view of above,
to know truthfulness of the statement /dying declaration, the Court
throughout when her statement
was recorded. Before recording her statement, all the attendants except
Doctor were sent out. The statements made by above witnesses ... veracity of that statement cannot be subjected to cross-examination. In view
of above, to know truthfulness of the statement /dying declaration, the Court
