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Manner of recording of dying declaration by magistrate

(Querist) 21 February 2011 This query is : Resolved 
R/Members
In one of my case magistrate recorded statement/Dying declaration of deceased (Bride)in this dying declaration stated in her dying declaration that "JAB MUJHE MERE GHARWALE ,SASUR,SAAS NE JALAYA TAB MERA DEVAR BHI GHAR PAR THA"" than magistrate asked a (Leading)question to deceased ""KYA AAPKE DEVAR NE BHI AAPKO JALAYA"" I want to know whether this manner /question is permissible under the law.Kindly advice.Thanks
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Dayananda Gowda (Expert) 21 February 2011
leading question is only attracted in examination. but not at the time taking statement
Ajay Bansal (Expert) 22 February 2011
Agreed with Dayananda.

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