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Legal Vol 26 Ex 1 (English)
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So far as the finding on the point of recording of the dying declaration of the deceased is concerned, it is evident that no certificate was issued by the doctor before recording of the dying declaration regarding the physical and mental condition of the deceased. It is also apparent that the dying declaration is not in the question-answer form. Legal position for recording the dying declaration is that every endeavor should be made to record the dying declaration in questionnaire 8º format. Sanctity of such type of dying declaration is more in the eye of law than the other form of dying declaration, though there is no any general rule that in each and every case, dying declaration should have been recorded in question-answer form. Sanctity and authenticity of the dying declaration is attached with its truthfulness. In the present matter, admittedly the deceased, in her dying declaration, did not disclose any fact regarding dowry demand, cruelty and harassment extended on account of demand of dowry. She simply stated that she received burn injuries due to fire caught her from dia (lamp). If the last line of the dying declaration is minutely analyzed in context with the other facts and circumstances of the case and also with the sale deed said to have been executed in favour of the daughters of the deceased, dying declaration becomes suspicious document. The last line of the dying declaration clearly indicates that the deceased was under pressure. Prosecution witnesses have stated that no such dying declaration was ever recorded. The trial Court has placed reliance on their statements and disbelieved the dying declaration. If for the sake of argument, the defence version be taken into consideration that a dying declaration of the deceased was recorded, then also for the reasons mentioned above, the dying declaration appears to be a suspicious document. Thus, the Court is of the view that the finding recorded by the trial Court regarding the dying declaration is based on the correct appreciation of the evidence available on record. No interference is required by this Court in the said finding. As far as the letters said to have been written by the deceased and referred to by the appellants to establish the conduct of the deceased are concerned, admittedly, two children were born out from the wedlock of the deceased and her husband. Both are alive. In this backdrop, it cannot be said that the deceased was annoyed with her husband, therefore, she committed suicide. The trial Court has rightly rejected the contention of the appellants on this aspect. No interference is required in the finding of the trial Court on this issue also. The trial Court finding that letters itself demonstrate the cruelty and harassment caused by the accused is also correct. If she (deceased) was not medically examined earlier regarding injuries caused by the accused, then also the prosecution story on this basis in the bride burning case cannot be doubted.
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