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    <title>1998 (4) TMI 578 - Supreme Court</title>
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    <description>A dying declaration is admissible substantive evidence under Section 32 of the Evidence Act, and its weight depends on the facts of each case. A declaration recorded by a Magistrate is not invalid merely because it is not in question-and-answer form, if it is shown to be the maker&#039;s own statement and the Magistrate satisfied himself as to identity and fitness to speak. Here, the Magistrate found the victim conscious and fit, and the brief declaration was in her own words. The alleged earlier declaration was not proved, while surrounding circumstances and medical evidence supported the proved declaration. A truthful and reliable dying declaration can sustain conviction on its own.</description>
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    <pubDate>Tue, 21 Apr 1998 00:00:00 +0530</pubDate>
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      <title>1998 (4) TMI 578 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=311729</link>
      <description>A dying declaration is admissible substantive evidence under Section 32 of the Evidence Act, and its weight depends on the facts of each case. A declaration recorded by a Magistrate is not invalid merely because it is not in question-and-answer form, if it is shown to be the maker&#039;s own statement and the Magistrate satisfied himself as to identity and fitness to speak. Here, the Magistrate found the victim conscious and fit, and the brief declaration was in her own words. The alleged earlier declaration was not proved, while surrounding circumstances and medical evidence supported the proved declaration. A truthful and reliable dying declaration can sustain conviction on its own.</description>
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      <pubDate>Tue, 21 Apr 1998 00:00:00 +0530</pubDate>
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