second dying
declaration and the oral dying declaration
made to her uncle though with some minor
inconsistencies. The third dying
declaration was recorded after ... question of an
inconsistent dying declaration but a dying
39
declaration which is completely opposed to the
dying declaration which is given earlier. There
second dying declaration
and the oral dying declaration made
to her uncle though with some
minor inconsistencies. The third
dying declaration was recorded after ... dying declaration,
and in the earlier dying declaration, the
accused is not sought to be roped in but in
the later dying declaration, a summersault
dying declaration that what was the blood pressure
and rate of pulse in the dying declaration. I recorded dying
declaration when deceased was laying ... mind to give dying declaration. (PW-4)
Dr. S.P. Shakyawar deposed that at the time of recording dying
declaration, deceased
dying
declaration Exhibit 38 mere absence of endorsement on
dying declaration Exhibit 38 of the Medical Officer
about the condition of the deceased ... recorded dying declaration Exhibit
38 and Naib Tahasildar Nikam (PW-4) who recorded dying
declaration Exhibit 43 have simply stated that the
deceased had given
also present while recording of dying declaration by the Naib
Tehsildar (PW-6). The dying declaration was also not in question-
answer form and therefore ... said issue, quarrel took place between the deceased and accused.
Even the deceased stated in her dying declaration that after setting her
on fire
clear that if the dying declaration dying declaration is absolutely credible and nothing is brought on record that the deceased was in such a condition ... Executive Magistrate did not record the dying declaration dying declaration exactly in the words stated by the deceased. There is third dying declaration recorded
generally described as a 'dying declaration'."
The Apex Court relying upon the dying declaration of the deceased being consistent with the prosecution ... thumb impression affixed on the dying declaration was that of Smt. Sabila. The dying declaration of the deceased was marked
first dying declaration, the trial court was justified in placing its reliance on the second dying declaration.
(iv) that apart from dying declaration recorded ... dying declaration. PW 11 was shown the dying declaration. He has deposed that the certificate recorded on the dying declaration is in the handwriting
question of an inconsistent dying declaration but a dying declaration which is completely opposed to the dying declaration which is given earlier. There ... oral dying declaration made to PW-1 Veer Singh appears reliable. The dying declaration exhibit ka-15 is consistent with said oral dying declaration
doctor on the
dying declaration that the patient was conscious at the time of
recording of the dying declaration, the dying declaration cannot
Page ... dying declaration was
recorded. In the absence of any other suspicious
circumstances surfacing the dying declaration, it is not
possible to discard the dying declaration
