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Dying declaration recorded by the police in the presence of doctor after obtaining fitness certificate, cannot be disbelieved

Dying declaration recorded by the police in the presence of doctor after obtaining fitness certificate, cannot be disbelieved

Magha Ram Vs State

Rajasthan HC, Jodhpur Bench

16/02/2017

D.B. Criminal Appeal No. 505 / 2006

About/from the judgment:

Learned amicus curiae invited our attention towards recent judgments of Hon'ble Supreme Court in the case of State of Gujarat Vs. Jarajibhi Punjabhai Varu reported in AIR 2016 SC 3218 and Pankaj Vs. State of Rajasthan reported in AIR 2016 SC 4150, and recent judgment of Hon'ble Apex Court in the case of Baijnath & Ors. Vs. State of Madhya Pradesh, reported in 2017 (1) SCC 101 and submitted that almost identical situation was in existence in the case of Baijnath (supra), in which the Hon‟ble Apex Court held that dying declaration recorded by the police in the presence of doctor after obtaining fitness certificate, cannot be disbelieved. Therefore, he prays that finding of guilt recorded by the learned trial court against the accused appellants deserve to be quashed and the accused appellants are entitled to be acquitted from the charges levelled against them.

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