In this case, Executive Magistrate recorded statement of injured prosecution witness assaulted by accused persons, in the form of dying declaration, however, aforesaid witness surviving such assault. In view of S. 157, so-called dying declaration can be treated as a former statement made by such witness and, therefore, same can be used for contradicting witness. Para 10

[Ramcharan v. State of M.P., (2023) 2 SCC 163]

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