dying declarations.
There are two dying declarations which prosecution has pressed into service
i.e. first dying declaration at Exh.29 and second dying declaration ... admitted that it is
undated. Secondly, toe impression of right leg is not identified. Whereas
second dying declaration at Exh.48 is very elaborated
Ghugarkar was informed and requested to take her dying
declaration. He has recorded the dying declaration of Maya
between ... dying
declarations.
9.4 The statement treated as a dying declaration must be interpreted
in light of surrounding facts and circumstances.
9.5 Each declaration must
admitted that he received
the papers on 16-04-2015.
SECOND DYING DECLARATION
10. Second dying declaration, which is noted by PW1 Shaikh
Hamid ... Shaikh Hamid Sk.Haider, Special Executive Magistrate,
who has recorded this second dying declaration, in his evidence at
Exh.17, stated that
admitted that he received
the papers on 16-04-2015.
SECOND DYING DECLARATION
10. Second dying declaration, which is noted by PW1 Shaikh
Hamid ... Shaikh Hamid Sk.Haider, Special Executive Magistrate,
who has recorded this second dying declaration, in his evidence at
Exh.17, stated that
admitted that he received
the papers on 16-04-2015.
SECOND DYING DECLARATION
10. Second dying declaration, which is noted by PW1 Shaikh
Hamid ... Shaikh Hamid Sk.Haider, Special Executive Magistrate,
who has recorded this second dying declaration, in his evidence at
Exh.17, stated that
shift to the second set of evidence i.e. dying declarations.
First dying declaration seems to be recorded by PW8 Sopan, a Police
Constable ... poured kerosene and ignited her. Consequently, second dying declaration is
distinct from first dying declaration and in second dying declaration there is
improvisation. Therefore, prima
shift to the second set of evidence i.e. dying declarations.
First dying declaration seems to be recorded by PW8 Sopan, a Police
Constable ... poured kerosene and ignited her. Consequently, second dying declaration is
distinct from first dying declaration and in second dying declaration there is
improvisation. Therefore, prima
dying declarations.
9.4 The statement treated as a dying declaration must be interpreted
in light of surrounding facts and circumstances.
9.5 Each declaration must ... Police Station"
(As translated by Sr. Translator, High Court, Aurangabad)
SECOND DYING DECLARATION
Second dying declaration Exh.23 is recorded by PW2 Mrs.Bundele
this dying declaration. Doctor has caused
signature both before commencement of dying declaration as well as at the
foot of the dying declaration.
SECOND DYING ... dying declaration at Exh.15 and they not being identified, such dying
declaration is unworthy of credence.
ANALYSIS
15. If we juxtapose first dying declaration
dying declarations the
following features emerge :-
Firstly, dying declarations are not recorded promptly.
Secondly, history is only reported as burns.
Thirdly, frst dying declaration ... character, abusing, beating
are not refected in the frst dying declaration.
Sixthly, frst dying declaration is without signature of
the doctor on the certifcation.
Seventhly
