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
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
dying
declaration is Exh.40.
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5 Cria. No.292/06
9. The version contained in the dying ... Rajesh Bhagwat is at Exh.
39.
11. Second dying declaration is recorded by P.W.1
Suresh Koli an Executive Magistrate
prosecution case is mainly based on
acceptance of dying declarations of the deceased Jayashri.
The first dying declaration is stated to be recorded ... dying declaration with allegations made against the
appellants.
17) The second dying declaration is recorded by
Special Executive Magistrate, Vikrant Gaikwad. Perusal
of the said
Baburao Mukund Kambli- Special Executive Magistrate who
recorded second dying declaration of the victim on 22nd January,
2004.
6. PW-6 Mukesh Suresh Patil- panch
declaration dt. 12.3.97 was not produced by prosecution on
record, the second dying declaration dt. 15.3.97 recorded by PW-7
has been produced on record
recording the dying declaration was patently illegal and,
therefore, no reliance could be placed on the said dying
declaration. Secondly, he submitted that there were ... dying declaration, a duty is
cast on him to record the dying declaration himself in a
question and answer form and secondly, he is under
Ashok Deshpande (PW-2) attended the
hospital and recorded the dying declaration of the victim after
obtaining endorsement of the attending Medical Officer and after ... setting the victim on fire. Moreover, it is seen that the second
dying declaration recorded by PW-2 Special Judicial Magistrate is
in question
attention to two dying
declarations which were recorded by PSI from Hinghanghat
(as per Exh.25) and second dying declaration recorded ... examined by the
prosecution regarding endorsement made by him that
dying declaration (Exh.25) was recorded in his presence,
there is no specific certificate
dying declaration was
made to an unknown women who has not been examined. He
submitted that as far as the oral dying declaration made ... first dying declaration in point of time is recorded by
P.W. No.10. It is true that the dying declaration is not in question
