mind and body, at the time of giving such dying
declaration. Therefore, this dying declaration, Ex.P11 is fully
consistent with the MLC register ... presence of the Executive
Magistrate to record such dying declaration, when the first
18
dying declaration was recorded by the Executive Magistrate,
if there
dying declaration
nor the opinion of the doctor can be doubted, though we
may consider the contents of the dying declaration to
ascertain whether ... consistency
between the multiple dying declaration is a deciding
factor to the court as to whether such dying declaration
can be in total relied upon
three dying declarations at Ex.P.5, Ex.P.16 and Ex.P.9
respectively. On the basis of her second dying
declaration dated ... Exhibit P-5 initially and thereafter she
has given her second dying declaration at Exhibit P-16
and based upon her second dying declaration, crime
same has not been done.
23. In this background, the second dying
declaration, which is recorded in the nature of F.I.R. play ... recorded
at 3.30 in the afternoon. Every dying declaration, when
particularly multiple dying declarations are posed, by the
prosecution to be established
Victoria hospital, who was present at the time of
recording of second dying declaration as per Ex.P8. He
has given Certificate of Fitness ... dying declaration was recorded.
32. Looking to the above said two dying
declarations, there is absolutely no infirmity or legal defect
in recording the dying
mother of
the deceased.
10. The prosecution mainly relied upon two dying
declarations of the deceased. One said to have been
recorded at initial stage ... direction/dictation of
PW40 in the presence of Doctor PW29. Second dying
declaration was recorded by the Taluk Executive
Magistrate
Special Executive Magistrate, Miraj. On
perusal of the said dying declaration, she has
categorically stated that, on that particular day while
she was cooking suddenly ... course of the trial, the prosecution has to establish
that the second dying declaration is truthful one and it
can be reliable. Under the above
dying declaration before the Police, which has
been treated as FIR and on which basis, a complaint
came to be registered. In the said dying ... witnesses also reveal the same factual aspects.
However, the second dying declaration recorded by the
Executive Magistrate on 12.6.2013 discloses that she
committed suicide
fact remains that at the
time of giving the first dying declaration-Ex.P6, the
victim was alert, conscious and was fit to make
statement ... found in
Ex.P4 at 11.15 a.m. Thus, the second dying
declaration-Ex.P4 made at 10.15 a.m., is inconsistent
with
Taluka Executive
Magistrate and second part of the prosecution is
that the dying declaration of the deceased
recorded by the Taluka Executive Magistrate
