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Showing contexts for: second dying declaration in State vs Rishi Kanojia on 20 July, 2010Matching Fragments
12. As regard the second dying declaration made by the deceased is concerned, it was recorded by the Ld. MM U/S 164 Cr. PC. It was pointed out by Ld. Counsel that the doctor attending the deceased had never certified upon it that she was fit for making the statement. It was further submitted that it was recorded against the guidelines provided in the High Court rules and was not in a question-answer form. Further, the statement was never read over to the maker after it was so recorded. Lastly, it was submitted that as per the testimony of the Ld. MM concerned, PW12, the said statement was recorded in the presence of the IO, his Steno and brother-in-law of the deceased namely Gurvinder Singh and it was also recorded after three days of the incident and when the parents of the deceased had returned back and she was surrounded by all her relatives. Therefore, the possibility of the same having been tutored cannot be ruled out.
17. In the instant case, as already observed, the possibility of the deceased having been tutored or prompted at the time of making the second dying declaration can not be ruled out. Further more, her second version is against the prosecution case and thirdly, there is material inconsistency in the two statements/declarations. Further more, there is no declaration/certificate of the doctor certifying that the deceased was in a fit state of mind at the time of making that statement.
19. In the instant case as well, the first statement was within the knowledge of the relatives of the deceased but they did not raised any objection and the deceased herself has also not given any explanation for changing her first statement. It may also be noted that PW12 in his cross-examination deposed that he was never told by the IO about the first statement of the FIR No. 543/2005 14 of 24 deceased though this fact has been controverted by the IO himself. In the light of the above discussion , I am of the opinion that the second dying declaration Ex.PW12/C dt. 26.6.2006 cannot be relied upon .