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Hari Singh & Anr. vs. State of Madhya Pradesh – (SC)

42.00 4.20

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Evidence Act, 1872–Sec. 32–Code of Criminal Procedure, 1973–Sec. 161–Whether the unsigned statements of deceased can be treated as dying declaration–Signatures of witness are not to be affixed on the statement u/s. 161 as that would make the statement inadmissible–However, in the instant case, injured was very serious and his blood pressure was not recordable–Statement was recorded without getting the opinion of doctor as regard to fit mental state of injured–So called declaration does not meet the test of a verifiable dying declaration.