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( 5 ) WHAT indeed is the professional ethics/duty in the first instance of the Medical Officer attending the injured person (Medico-legal case) in the critical condition in matter of recording his dying declaration more particularly when no chance can ever be taken regarding his either continuing in the state of consciousness any further and slipping into coma and/or even ultimately succumbing to the injuries; and in the second instance what indeed is the duty of the police officer under the provisions contained in Gujarat Police Manual (Part III) in taking and/or making arrangement for recording the dying declaration of the injured? These two are indeed the most important questions often arising in criminal cases which have also incidentally surfaced on the record while examining the evidence of Dr. Y. H. Lakhmani (PW-5 Exh. 22) and the Investigating Officer - Dhanajibhai Ninama (PW-8 Exh -27 ). Accordingly while parting we have the feeling of simply failing in our constitutional obligation if firstly we do not highlight the glaring remissness exhibited in the matter of recording the dying