The testimony of PW 9 Dr Kothari, shows that Ganeshram was alive when the initial examination was undertaken by PW9 Dr kothari. According to the witness, when he examined Ganeshram, the blood pressure could not be detected. However, that by itself does not mean that he was not in a physical condition to make any reporting to the police two hours earlier. Para 24 of the deposition of PW 9 Dr Kothari shows that if the symptoms stated therein were present, it could possibly be said that the person concerned would not be in a position to speak. First of all, such assertion is purely an opinion of an expert. Secondly, nothing is available on record to show that Ganeshram had shown these symptoms either soon after incident or when his statement was recorded by PW 8 Shankar Rao. No questions were put to PW 1, PW2 and PW8 in that behalf. We, therefore, reject the submission advanced on this score and find that the FIR was rightly relied upon by the courts below as dying declaration on the part of Ganeshram. Para 23.
(2021) 5 SCC 292- Devi Lal and others vs. State of Madhya Pradesh