second dying declaration
was recorded by PW-27, Smt. Usha Chaturvedi, Sub-Divisional Magistrate.
This dying declaration is an elaborate one where the prosecutrix ... treatment. The hope and expiration became a visible mirage as the
prosecutrix died on 29th December, 2012 at Mt. Elizabeth Hospital,
Singapore. Dr. Paul Chui
deposed and proved the postmortem
report and deposed that the prosecutrix died of asphyxia as a result
of strangulation and her death was homicidal ... appellant was found in the vagina swab of the
prosecutrix and that she died of asphyxia caused by strangulation, we
affirm the findings of fact
facts are as
follows:
The prosecutrix is the daughter of the appellant. The
mother of the prosecutrix had died about 3 years back prior ... prosecutrix was about 12 years at the time
of incidence. The mother of the prosecutrix had died and,
therefore, to look after her well being
However, her father died during the trial and it may be
because of his death that both the prosecutrix and her mother had
resiled ... dragged the examination of
the prosecutrix and finally succeeded in their nefarious objective
when the father of the prosecutrix died and the prosecutrix resiled
well as of defence. Shri Prabhu
Dass, father of the prosecutrix died on 10.11.1995 during trial before
his statement could be recorded. Som Wati, Lady ... refused to keep her she
would die. It was on the insistence of the prosecutrix that he along
with another appellant and prosecutrix went
first dying declaration (Ext.PW49/A) and
therefore, the second and third dying declarations are
tutored; (ii) the three dying declarations cannot be
relied ... three
dying declarations are true, voluntary and consistent.
Insofar as third dying declaration, this Court, in paras
(408) to (412) held that the dying declaration
prosecutrix and PW-1 and thereafter, threw the
prosecutrix and PW-1 in a naked/semi naked condition from the
moving bus. The prosecutrix ... victim and getting answers by
gestures and writing. While giving third dying declaration, prosecutrix
revealed the names of the accused by writing
that the prosecutrix Smt. Geeta Bai
(P.W.1) is a widow aged about 35 years. Her husband had died a few years before ... children out of whom the eldest being a
daughter had also died. The prosecutrix was working as a labourer at a construction
site and lived
Standard in Siddavinayaka Girls' High School at Siddapur. As the prosecutrix Palakashi died even before the trial commenced, the prosecution has rested its case ... away from that place. Then PW 4 was told by the prosecutrix that the respondent had spoiled her while she was returning from the school
first husband was Dilip
Deshmukh, who died. She married to Sahebrao Mhaske, who also died
leaving behind prosecutrix and one Santosh. After the death
