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 ... second dying declaration and the
oral dying declaration made to her uncle though with some minor
inconsistencies. The third dying declaration was recorded after
oral dying declaration and also
in the written dying declaration recorded
by SI Arvind Puri (PW 8) on 22-7-1994. The
first dying declaration ... dying declaration. If there are
more than one dying declaration, the dying
declarations may entirely agree with one another.
There may be dying declarations where
subsequently. Where there
are two dying declarations, the first dying declaration recorded
by the Magistrate should have been relied upon, particularly
when both the witnesses ... dying declaration as it
was consistent with the second dying declaration and the oral
dying declaration made to her uncle, though with some
inconsistencies. First
whether the law permits recording of
second dying declaration after recording dying declaration
once. In this sequence, it would be pertinent to go through ... dying declaration and the same was recorded without
assigning any reason. Second dying declaration was recorded
after 30 hours of the recording of the first
discrepancies between the two dying declarations and thus cannot be
relied on. It is contended that in the first dying declaration, the deceased
had named ... second
dying declaration, which raises a doubt in our mind regarding the
truthfulness of the dying declarations. Further, in the second dying
declaration three persons
oral dying declaration and also in the written
dying declaration recorded by SI Arvind Puri (PW 8) on
22.7.1994. The first dying declaration exonerating ... second
dying declaration and the oral dying declaration made
to her uncle though with some minor inconsistencies.
The third dying declaration was recorded after
case of multiple dying declaration made by the deceased and considering the inconsistency in the dying declaration, the dying declaration Ex.Ka-12 is required ... There is an interpolation in the dying declaration Ex. Ka-12 recorded at Gwalior and as per dying declaration Ex. Ka-12, the deceased sustained
dying declaration and Fitness Certificate
issued after completion of recording of dying declaration. Fitness
Certificate, referred above, makes it clear that, after recording dying
declaration ... dying
declaration (Exh.53) and dying declaration (Exh.29) doubtful.
60. It is a matter of record that, prior to recording of dying
declaration / FIR
dying declaration as it was consistent with
the second dying declaration and the oral dying
declaration made to her uncle, though with some
inconsistencies. First ... contended that even if there is a contradiction in
multiple dying declaration, each dying declaration
has to be independently assessed and the
probabilities ascertained
first dying declaration as well as second dying declaration, the victim
Alka was is conscious and in a fit condition to give such dying
::: Downloaded ... dying declaration
by ASI Auti and thumb impression was obtained on the second dying
declaration by Circle Inspector cannot nullify the effect of the dying
