caught fire, while
cooking food. He also contended that in second dying declaration Ex.PH,
that was recorded on 15.09.2004 by Sh. Kuldeep Singh, JMIC ... reliance upon
second dying declaration Ex.PH without realising that when once, Mamta
(deceased) had stated in her first dying declaration Ex.PG that
dead. But, the fact that the dying declaration
was recorded is proved and as per this dying declaration also,
commission of cognizable offence is made ... lodged after recording the first
dying declaration and why the prosecution tried to withhold this dying
declaration from the Court. Now, we have evidence before
basis of the
statements, he found the incident accidental.
5. The second dying declaration
Ex.P.16 has been reduced into writing ... eftLVªsV
la[;k &3] chdkusj^^
and Ex.P.16, the second dying
declaration, which has been recorded, its recitals are as
under :-
"mifLFkr
order to appreciate the evidence of dying declarations, it would be convenient to take the second dying declaration first for consideration ... dying declaration on this account. Under Section 32(1) of the Evidence Act, a declaration of a person not surviving is admissible as dying declaration
dying declaration is correct and which dying declaration will prevail over other dying declaration. This Court is of the view that whether first dying declaration ... question of an inconsistent dying declaration but a dying declaration which is completely opposed to the dying declaration which is given earlier. There
second dying declaration made by Smt. Sangeeta (since deceased).
15. Before we consider this dying declaration it is appropriate that first dying declaration ... close look to the second oral dying declaration which has been reduced into writing, as the first dying declaration is only oral as narrated
since the doctor feared that the
victim was about to die. The second dying declaration contained the signature of
the deceased, but it was evident ... recorded
on 4.12.2009 and the second one on December 13, 2009 at 7:00 pm. In the
second dying declaration (December 13, 2009) the victim
recording of the dying declaration was over by 3 p.m. He would also
depose that after recording the dying declaration he waited there ... dying declaration was forwarded to the
Judicial First Class Magistrate, Chavakkad. He would also depose that
when he recorded the dying declaration nobody was present
recording of the dying declaration was over by 3 p.m. He would also
depose that after recording the dying declaration he waited there ... dying declaration was forwarded to the
Judicial First Class Magistrate, Chavakkad. He would also depose that
when he recorded the dying declaration nobody was present
declaration of Akshata was recorded by the Police Officer
and the second dying declaration was recorded by Special
Metropolitan Magistrate. The first dying declaration ... first dying declaration, the FIR
discloses that, initially, complaint under section 498- A was
registered against the appellants in view of dying declaration
