question of an inconsistent
dying declaration but a dying declaration which is completely opposed to the
dying declaration which is given earlier. There ... third dying declaration which is relied on by the prosecution is
demolished by the earlier dying declaration or dying declarations or is it the
duty
second dying declaration. It was
contended that the first dying declaration was correct
and the deceased had stated true facts in the said
declaration ... High Court considered both the dying declarations of
the deceased Halimabi and both the Courts held the
second dying declaration true and inspiring confidence
having
dying declaration dated 25.10.2008 Ext. PW-21/G. Smt. Veena Devi died
on 26.10.2008.
.
29. According to the contents of statement (first dying
declaration ... Veena Devi died on 26.10.2008. It is second dying
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21
declaration, which is doubtful
Exhibit PW-17/A. The
appellant claims this to be the second dying declaration.
The said statement records that the deceased and the
appellant were ... only
later on when the second dying declaration was recorded
before the SDM that the appellant was sought to be
implicated. The testimony of witnesses
There are three dying declarations alleged to have been made by the deceased. The first dying declaration is the oral dying declaration alleged to have ... such dying declarations, that is to say, if there are more than one dying declaration they should be consistent, if a dying declaration is found
dying declaration that deceased Anil Gora had made oral dying declaration involving accused No. 1, Harshad, accused No. 3 and 3 others.
48. The second ... elicit information from the injured. The dying declaration is produced, at Ex. 14. As per this dying declaration, the injured has involved accused
time of recording of the
dying declaration, her mother- in-law was present with
her. In the subsequent dying declaration recorded by
the Executive Magistrate ... 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 (Exhibit-21), Dr.
Harshwardhan Shrikrishna Shirsat (PW-7); who had certifed
the ftness of the deceased to make frst dying declaration ... statement (Exhibit-21).
The second dying declaration (Exhibit-21) also proceeds on the
line of the frst dying declaration (Exhibit-27) on the vital
aspects
dying declaration, the said declaration cannot be acted upon.
(xi) Where there is more than one statement in the nature of dying
declaration, one first ... second dying
declaration was recorded at Civil Hospital, Dasuya on 7.1.2011. In the first
dying declaration (Ex.DE) the deceased has given clean-chit
facts of the said case and accepted the dying
declaration absolving the appellant therein, which dying
declaration indicated sustaining of accidental burn injuries ... Supreme Court considered situation where second dying
declaration was inconsistent with the first. In the first dying
declaration, the deceased in that matter
