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The State Of Punjab vs Gian Kaur And Anr on 5 March, 1998

13 The contents of the two dying declarations Exh.27 ::: Uploaded on - 20/11/2017 ::: Downloaded on - 22/11/2017 01:09:52 ::: apeal37of06.odt 8 and Exh. 53, recorded by PW 1 and PW 6, respectively, are substantially inconsistent with each other and the inter se variance is one circumstance which dents the reliability of the dying declarations. The contents of the dying declaration are also inconsistent with evidence of PW 3 - Tarabai who asserts that it was the accused who extinguished the fire when Savita set herself ablaze and suffered injuries in the process. Concededly, both the upper limbs of the deceased Savita suffered 18% burns corresponding to 100% burn injuries. The thumb impression appearing on the dying declarations, however, reveal clear ridges and curves. It would be apposite to note the following observations of the Apex Court in the case of State of Punjab v. Gian Kaur and another reported in AIR 1998 SC 2809.
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