KESHUBHAI KARSANBHAI KOLI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) A dying declaration can be either in writing or can be oral or it can be even by gestures. When the Executive Magistrate who was thoroughly an independent person, who was not at all interested and who was a responsible officer, has stated that he had asked the questions and the deceased after comprehending the same had nodded her head, we have absolutely no reason to disbelieve the said disinterested testimony of the Executive Magistrate. Over and above that the doctor was present and he had endorsed the said dying declaration at Exhibit 21 accordingly. Even in his evidence before the Court, the doctor has deposed that he had endorsed the dying declaration. Under the circumstances, we do not feel that there is any reason whereby the said dying declaration can ever be doubted. We must add here that the Executive Magistrate has recorded the dying declaration in a very ideal and laudable way. His approach seems to be one which should do credit to a judicial officer. He has refrained from asking the questions which might have a catch therein or which might mislead the person giving the dying declaration. He has asked numerous questions and had tried to arrive at the truth by probing the mind of the deceased from various angles.