Question
Dying declaration was recorded by the Judicial
Magistrate but the declarant survived. In this case______Solution
As per the facts of the case and ratio held in the case of-            Ram Prasad Vs. State of Maharashtra 1999. o  In this case, dying declaration was recorded by the Judicial Magistrate. But, the declarant survived. o  It was held that the statement/ declaration could not be used under Section. 32, but it could be used to corroborate his evidence under s.157 of the Evidence Act.
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