dying declaration was exculpatory in nature i.e. no
allegations were made against the appellant in this dying
declaration by the deceased whereas, the second ... parental relatives before she gave her second dying
declaration (Ex.P/10). Thus, the dying declaration of
Radhabai (Ex.P/10) appears to be influenced
Dying Declaration (Ex.P-10) at 6.00 p.m. and
completed it by 6.25 p.m.
9. Ex.P-8 is the dying declaration recorded ... also did not verify the case sheet. Even on
the second Dying Declaration, Dr. T.Narasimharao made an
endorsement to the effect that "patient
prudence that a dying declaration cannot be relied
upon without corroboration. When a dying declaration is
suspicious, it should not be relied upon without having ... 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
correct, she affixed her
thumb impression on the dying declaration.
In this dying declaration Bhavani (deceased) stated that
due to unbearable harassment caused ... statement of
the deceased. The second dying declaration recorded by Head
Constable, PW-15 is a detailed dying declaration in which
Bhavani (deceased) has stated
registered. The Investigating Officer came to the hospital
and recorded a second dying declaration which was marked Ex.P-J. In the
said dying declaration ... second dying declaration;
(v) There was no reason as to why the Magistrate had not been sent
for to record her dying declaration
submitted that the death was
accidental. He further submitted that the second dying
declaration (Ex. PE), which was recorded after 3 days, had
been recorded ... second dying declaration
(Ex. PE), she has implicated the appellant as well as his
parents. In the first dying declaration (Ex. DO/C), she stated
attached to it. It has also been submitted that the second dying
declaration recorded in the hospital by Shri Rajdev Singh, Additional City
Magistrate, Meerut ... Arya, no serious objection could be raised with regard to the second
dying declaration recorded by the Executive Magistrate. It has, further
been submitted that
Kanjirappally hospital.
We will now examine the contents of the second dying
declaration Ex. P-10 recorded by the Magistrate on 14.7.1989.
It should ... same on
her was not spoken to by her in her second dying declaration.
This fact has some relevance while appreciating the correctness
cruelty.
The entire prosecution case is based on dying declaration given by
the deceased. First dying declaration (Ex.D/3) was recorded by
Investigating Officer ... 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
reasons while believing
dying declaration (Exhibit P5) and has also considered in detail what is
stated in the later dying declaration (Exhibit ... order has given cogent reasons to rely upon and believe the second
dying declaration – Exhibit P5. The High Court has also taken note
