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25. Out of the three dying declarations, dying declaration at Exh.71 has been proved in the evidence of Mr Sayyed Khalil Sayyed Ismail (PW-10), Police Head Constable, who recorded the same.

26. Dr Sanjay Kadam (PW-7) vide his deposition at Exh.37 deposed that, after arrival of police official to the hospital in pursuance of the intimation (Exh.38), he examined patient Nilavati and told to the said police official that, she is in condition to give the statement. Dying declaration (Exh.71) bears the endorsement of Dr Sanjay Kadam with signature, date and time certifying that, patient was in a conscious state to give statement.

27. Mr Sayyed Khalil Sayyed Ismail (PW-10), Police Head 17 138.2014CrApeal Constable in his evidence at Exh.70 made it clear that, after certifying by Dr Sanjay Kadam about fitness of Nilavati to make statement, he too verified whether Nilavati is conscious and able to speak properly and after satisfying the same, he recorded her statement / dying declaration (Exh.71). Nothing is brought on record through cross-examination of Mr Sayyed Khalil Sayyed Ismail (PW-10) and Dr Sanjay Kadam (PW-7) on the aspect of state of mind of Nilavati at the time of recording dying declaration on the basis of which dying declaration (Exh.71) can be viewed with suspicion. Therefore, there is no reason to discard the statement / dying declaration at Exh.71 of Nilavati recorded by Mr Sayyed Khalil Sayyed Ismail (PW-10), which clearly states as under :

18 138.2014CrApeal Nanded."

. Aforesaid, recitals in statement / dying declaration (Exh.71) clearly connects the appellant - accused, in the incident of burning of Nilavati.

28. It is evident from the record that, after recording dying declaration (Exh.71), police officials of Vazirabad Police Station, Nanded, requisitioned services of Judicial Magistrate First Class for recording dying declaration of Nilavati under requisition (Exh.32). Dying declaration (Exh.35) recorded by Shri Bhagwan Pandit (PW-6), Judicial Magistrate First Class, Nanded on 04-06-2008 corroborates to the statement / dying declaration (Exh.71) recorded by Shri Sayyed Khalil Sayyed Ismail (PW-10) on material particulars.

32. Third written dying declaration Exh.54 was recorded by Mr G.D. Kolekar (PW-9), Police Inspector of Loha Police Station and Investigating Officer of the present case on 06-06-2008 in the form of supplementary statement after obtaining fitness certificate from Dr Sanjay Kadam and satisfying himself that, Nilavati was conscious and able to make statement.

33. It is pertinent to note that, statement / dying declaration (Exh.54) recorded by Investigating Officer after three days of incident, appears to have been recorded anticipating that, Nilavati may survive. The material portion in statement / dying declaration (Exh.54) connecting the appellant - accused with the 90% burns suffered by Nilavati lends full corroboration to the earlier two dying declarations, one was recorded by Shri Sayyed Khalil Sayyed Ismail (PW-10), Head Constable and another recorded by Shri Bhagwan Pandit (PW-6), JMFC, Nanded. Like other two dying declarations at Exhs.71 and 35, Dr Sanjay Kadam has also identified fitness certificate appearing on statement/ dying declaration at Exh.54. Nothing 21 138.2014CrApeal could be brought on record through the cross-examination of Shri G.D. Kolekar (PW-9) on the basis of which statement / dying declaration (Exh.35) can be viewed with suspicion.