KAMALABEN SAVANLAL MARWADI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD the learned advocates for the parties.

(2.) THIS conviction is recorded on the basis of Dying Declaration. We have been taken through the dying declaration and the medical record. From the medical record, we find that at 4.40 p.m. yadi was sent. Record also shows that it has been written there that at 4.45 p.m., the patient is not responding. Thereafter, the doctor has made overwriting by scoring it off and written that the patient is fit to give statement. Thus, two versions in writing are available. When we read the dying declaration, it appears that questions have been asked and the answers are given. The answers are of misunderstood perception.

(3.) WHEN the question was put to the deceased that who burnt you, she answered that I was killed by Kamla by mogari. This shows incoherence in the mind of the deceased. Reliance has been placed by the prosecution on dying declaration, which appears to be a doubtful proposition.