19.02.2007. Therefore, the claim that the dying declaration was recorded at 5.30 a.m. on 19.02.2007 at Koppal District Hospital is not established. This statement by P.W.5 is in line with the written statement made by the accused at the trial, that the deceased was admitted at 11.30 a.m. on 18.02.2007 at Koppal District Hospital and discharged at 1.30.a.m. on 19.02.2007 and was moved to KIMS Hospital, Hubli, and all the while, she was unconscious and was not in a position to speak or make any statement, and that she was not in the Koppal District Hospital at 5.30. a.m. on 19.02.2007, is clearly established. In the face of which, the Court below could not have accepted the alleged dying declaration. The learned counsel would further point out, there is evidence on record to indicate that the Executive Magistrate, namely, the jurisdictional Tahsildar was informed of the incident as per Ex.P17, and though deceased was in KIMS Hospital, Hubli for one month and 20 days from the date of admission, there was no attempt to record any further statement by the Taluk Executive Magistrate, as required in law, and therefore, a serious doubt is cast on the veracity of Ex.P14. The Court below
