Hospital Seraikella at 13.45 Hrs. on
05.06.1991, whereas third dying declaration is oral dying
declaration which has been said to be made before Khudiram
Gope ... having no opportunity to cross examine the
maker of dying declaration, therefore dying declaration ought to
be believed by the Court which is beyond
With these background facts in mind, we
have examined the second dying declaration of the
Patna High Court ... evidence of
PWs 17, 18 and 19, before whom the second
dying declaration was recorded, we need to brace
ourselves with
poured kerosene.
20. Version in second dying declaration is not like the one given in
first dying declaration which is, though recorded on the same ... dying declaration. Therefore, dying
declarations cannot be said to be consistent.
21. Law is clear on the manner of appreciation of dying declaration,
that dying
accept a dying declaration
as a coherent statement of the victim. First, whether such a dying
declaration was made voluntarily. Secondly, the declarant was conscious ... second dying declaration is in
conformity with the first dying declaration or not. It goes to show that both
the dying declarations have categorically pointed
accept a dying declaration
as a coherent statement of the victim. First, whether such a dying
declaration was made voluntarily. Secondly, the declarant was conscious ... second dying declaration is in
conformity with the first dying declaration or not. It goes to show that both
the dying declarations have categorically pointed
Hospital Seraikella at 13.45 Hrs. on
05.06.1991, whereas third dying declaration is oral dying
declaration which has been said to be made before Khudiram
Gope ... having no opportunity to cross examine the
maker of dying declaration, therefore dying declaration ought to
be believed by the Court which is beyond
first statement was the first dying declaration and the second
dying declaration was recorded as per Ex.P.23 on 10.11.2008.
Though there ... second dying declaration as per Ex.P.23 recorded
on 10.11.2008.
21. By careful perusal of first statement/dying
declaration
there are many dying declarations and in one
dying declaration some persons are named and in other dying
declaration more persons are named, the scrutiny ... dying declaration can be discarded. In the present
matter, in one dying declaration the deceased had named accused
No. 4, but in the frst dying
next day, the deceased levelled
allegations against the Appellants in her second dying declaration
(Ex.P22), which was recorded by Tahsildar C.L. Yadav ... disclosed about the incident to them for the first
time. The second dying declaration (Ex.P22) of the deceased was
also recorded
dksbZ f'kdk;r ugha gSA"
The second dying declaration of the deceased, which was recorded by PW-4, Bal Kishan Agarwal ... whereas the second dying declaration was recorded by the Head Constable after about one hour of the first dying declaration. The High Court noticed that
