LAXMAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Learned counsel for the petitioner argued the matter for about half an hour.

(2.) Learned counsel for the appellant submitted that the High Court committed error in relying upon the evidence of learned Judicial Magistrate who has recorded the dying declaration because the dying declaration does not contain any certificate by the doctor that the patient was conscious and was in a fit state of mind at the time of recording the statement. For this purpose, he placed reliance on the decision rendered by this Court in Paparambaka Rosamma & Ors. vs. State of A.P. (1999) 7 SCC 695 particularly paragraphs 8 and 9 wherein this Court has observed as under:-

(3.) As against this, learned counsel appearing for the State-respondent referred to the decision of this Court in Koli Chunilal Savji & Anr. vs. State of Gujarat (1999) 9 SCC 562 wherein the Court observed as under:-