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मौजूदगी मे हुई जो उन्होने हमारी शादी करने से मना कर दिया जिसके बाद समय करीब 08:00 PM पर मैं उसके घर दोबारा गई जो अनुभव ने मुझसे बात नही की तो मैने वही गली में अपने ऊपर तेल डालकर आग लगा ली जो आस-पास के लोगो ने मेरे कपड़ो पर लगी आग पर काबू किया। बयान सुन पढ़ लिया ठीक है।
The second dying declaration of deceased Kiran, Ex. PW-23/DD was also recorded by PW-27 Inspector Ajay Yadav (the then PSI) at the request of PW-4 Smt. Snehlata (mother of deceased). The second dying declaration of deceased Kiran recorded by PW-27 Inspector Ajay Yadav has been reproduced as under:-

61. In her second dying declaration, Ex. PW-23/DD, deceased Kiran stated that on 17.08.2011 at about 08:00 pm, she went to the house of accused Anubhav and the father of Anubhav (accused Rajpal) did not talk to her and when she was coming back in the street, someone in the dark, put oil upon her and ablazed her. Thus, deceased Kiran had improved her version at the time of recording of her second dying declaration, Ex. PW-23/DD. Accused persons have taken the defence that the second dying declaration of deceased Kiran was recorded by the IO after her mother and brother met her and she was tutored by them while third statement of deceased Kiran, Ex. PW-1/A was recorded on 18.08.2011 at about 02:30 pm by Executive Magistrate and before that PW-3 Sh. Satyapal Singh (father of FIR No. 118/2011, PS: Roop Nagar, Page No. 55 of 77 State Vs. Rajpal & Ors.

(c). The second dying declaration of deceased Kiran, Ex.

PW-23/DD was recorded after she met with her parents and brother and her second dying declaration was recorded at request of her mother and in these circumstances, coupled with the fact that the deceased had changed her version thrice, it cannot be said that the dying declarations were voluntary and were not suffering from tutoring.

(d). In the first dying declaration, Ex. PW-23/DC, deceased Kiran stated that the alleged incident took place in the street. Similarly, in her second dying declaration, Ex. PW-23/DD, deceased Kiran stated that the alleged incident took place in the street. However, in her third dying declaration, Ex. PW-1/A, recorded by PW-1 Sh. Madan Lal, Executive Magistrate, deceased Kiran stated that the alleged incident took place in the parking situated in the back side of house of accused Anubhav. PW-6 Inspector FIR No. 118/2011, PS: Roop Nagar, Page No. 60 of 77 State Vs. Rajpal & Ors.

Manohar Lal has proved the scaled site plan, Ex. PW-6/A and hence deposed that in the scaled site plan, the exact place of incident and the other material aspect pertaining to the incident have been specifically shown. In the scaled site plan, Ex. PW-6/A, at point 'A', empty bottle was lying, at point 'B' some petrol and water were lying, at point 'C' burnt clothes were lying and at points 'D' & 'E', there were electric poles having lighted mercury bulbs. All the abovesaid points are of the street. The house of accused persons having no. 25/131 is also shown in scaled site plan, Ex. PW6/A, which is situated at a distance from the said points. The showing of electric poles with lighted mercury bulbs at points 'D' & 'E' in the scaled site plan Ex. PW-6/A has made it clear that there was not dark in the street as stated by deceased in her second dying declaration, Ex. PW-23/DD. PW-23 Inspector Ranjeet Singh has specifically deposed that the incident took place on back lane of property bearing no. 25/131. PW-8 Inspector Rajesh Malhotra deposed that the guards were staying in a room which were situtated in the stlilt parking of the building (where accused persons were residing) and he had examined the inhabitants of the building where accused persons were residing but he did not record their statement since nothing material was told by them or by the guard. PW-16 FIR No. 118/2011, PS: Roop Nagar, Page No. 61 of 77 State Vs. Rajpal & Ors.