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Author Topic: Dying Declaration - State of Madhya Pradesh v Dal Singh  (Read 930 times)

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Offline Advocate-ashoksen

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Dying Declaration - State of Madhya Pradesh v Dal Singh
« on: October 08, 2013, 04:07:42 AM »
 Dealing with the case wherever the victim was burnt alive and there was discrepancy in 2 dying declarations on UN agency, out of parents-in-law, had place the coal oil oil on her, and UN agency had lit the fireplace, the Court control that in such a state of mind, one cannot expect that an individual in such a fitness, plagued by nice mental and physical agony, would be ready to offer the precise version of the incident. In regard to the rivalry that an individual with 100 percent burns might neither affix a thumb impression nor manage to talk, the Court determined that even just in case of such burns within the body, the skin of thumb could stay intact, and so it's the question of truth that during this case could not be established to possess burned. The Court any determined that the law does not offer UN agency will record a dying declaration, neither is there any prescribed type, format, or procedure for constant. The one that records a dying declaration should be glad that the maker is during a match state of mind and is capable of constructing such a press release. Moreover, it had been additionally control that the necessity of a certificate provided by a Doctor in respect of such state of the deceased is not essential in each case. [State of Madhya Pradesh v Dal Singh, Criminal attractiveness No. 2303 of 2009, selected could twenty one, 2013]
Advocate Ashok Sen Calcutta High Court

 

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