D.B. BHOSALE, J.:- The Division Bench of this Court. in their order of Reference in this appeal, hereinafter referred to as "Ramesh Gyanoba Kamble's case, doubted the correctness of the judgment of another Division Bench of this Court in Jivan Tulshiram Dhavali & another Vs. State of Maharashtra, 2008(2) BCR (Cri) 696 : [2008 ALLMR(Cri) 2018]; and so also, other Division Bench in Laxmibai w/o Maruti Satpute & others Vs. State of Maharashtra, 2010 ALL MR (Cri.) 182, with regard to the evidence/deposition of the witness who records a dying declaration. In the opinion of the Division Bench since the issue/question framed by them frequently arises and needs to be considered by Larger Bench, vide order dated 29th April, 2011, directed the office to place the papers before the Chief Justice for constitution of the Larger Bench. Accordingly, the Chief Justice constituted this Bench for consideration of the question/issue framed in the Reference order. The question framed and referred by the Division Bench in Ramesh Gyanoba Kamble's case reads thus:

"Whether for proving a dying declaration recorded by a person, Magistrate, Executive Magistrate, is it essential requirement of law tha