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(b) Regarding the second dying declaration in the form of history of burn injuries recorded by doctor Raj PW18 on the MLC Ex. PW8/A, Ld defence counsel argued that the words "by Abhishek" in the said MLC has been inserted later on to falsely implicate the accused. It is argued that the deposition of PW18 Dr. Raj who examined the injured in LNJP hospital and prepared the MLC Ex. PW8/A was neither coherent nor reliable because in her cross-examination she has stated that she remember the version of the patient but did not ::22::

PS: Model Town threat. The second dying declaration was more probable and looks natural to us. Although it does not contain the certificate of the doctor that she was in a fit state of mind to give the dying declaration but the Magistrate who recorded the statement had certified that she was in a conscious state of mind and in a position to make the statement to him. Mere fact that it was contrary to the first declaration would not make it untrue. The oral dying declaration made to the uncle is consistent with the second dying declaration implicating the accused persons stating about their involvement in the commission of crime. The third dying declaration recorded by the SI on the direction of his superior officer is consistent with the second dying declaration and the oral dying declaration made to her uncle though with some minor inconsistencies. The third dying declaration was recorded after the doctor certified that she was in a fit state of mind to give the statement."

PS: Model Town she was tutored to falsely implicate the accused. (B) The second dying declaration is in the form of history of burn injury given by the patient himself to Dr. Raj PW18 who has examined her in the hospital and had prepared the MLC Ex.PW8/A under the supervision of Dr. S.N. Basna PW8 who was working as CMO. PW18 Dr. Raj has deposed that on 21/9/2007 Mandeep was brought in the hospital by SI Anoop Singh at 2.15 A.M with the alleged history of burn in front of Queen Marry School, Delhi at around 1.50 A.M as told by the patient by Abhishek. She further deposed that at the time of examination the patient was fit for statement and said fact is also mentioned on the MLC at point- X-3. In her cross-