dying declaration, but still she stated
that patient was conscious throughout recording the said dying declaration.
It is further submitted that the said second dying ... dying declaration, said first dying declaration was not
written in the questions and answers form.
16. Bare perusal of the contents of first dying declaration
against the accused is second dying declaration dated 02.03.2007
but that dying declaration is tutored one and has been given under
the pressure ... This dying
declaration cannot be relied upon in view of first dying declaration
dated 28.02.2007 made by Sheela Devi to the Judicial Magistrate.
Secondly, this
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
hours and Pandit died on
21.8.1998 i.e. after about 4 days of recording of dying declaration.
The second dying declaration was recorded by Executive ... consistent
with one dying declaration, that dying declaration can be safely
accepted and relied upon and other dying declaration can be
discarded.
15. The facts
opinion given by P.W.9. Ex.P4 is the second dying declaration given by the
deceased and recorded ... dying declarations favour the accused and one is
against him. As we have already stated no weightage could be given to the
second dying declaration
dying declaration, the medical
opinion cannot prevail.
(x) Where the prosecution version differs from the version
as given in the dying declaration, the said declaration ... stove. She lit herself on fire".
18. The second dying declaration has been recorded by
ASI Shalu Singh to whom
first time this dying declaration came into existence was that next date
i.e. 24 hours later. Thus, this oral dying declaration in all probability ... dying declaration could not be treated as
credible and reliable.
82. As far as the last two dying declaration are concerned both the
oral dying
dying declaration as
mentioned in Ex.P-10(B). Therefore, the Judicial First Class Magistrate, PW.11
has recorded the dying declaration ... Though the first dying declaration was liable to
be discarded, the second dying declaration recorded by the Magistrate duly
endorsed by the doctor identical
defence is completely baseless and ought
to be rejected outrightly.
The second dying declaration as per the arguments of the
defence is contained in document ... improve upon her version with each subsequent dying
declaration. Whereas in the first dying declaration, MLC Ex.PW10/A,
she has not named
attribution of husband as he is
named in both the dying declarations whereas these dying
declarations are not partly reliable and credit worthy with
regard ... mother-in-law poured Kerosene Oil whereas
in the second dying declaration before the Judicial Magistrate
Ist Class, she stated that all the accused poured
