dying declaration

vinod bansal (Querist) 16 April 2008 This query is : Resolved
what is impact of non examination in court during a trial of a person(doctor/police officer/magistrate)who recorded dying declaration.

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a.haridasan (Expert) 16 April 2008
dear,mr ,vinod bansal.it is true that the dying declaration which deals with the section of 32(1) of the indian evidence act is very relevant AND IMPORTANT and it is the presumption that nobody will lie ,when he lays to die .... .if the official who recorded, he was not examined as a witness ,such dying decalration is not admissible in evidence .Entry in case dairy as to the said dying declaration cannot be admitted in evidence
see ..Ram Bihari Yadav v/s state AIR 1998 SC 1850,1998 CR LJ 2515.

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