dying declaration
was recorded by this witness on 14th April, 1992, this witness has
obtained the signature of Yasmin on the said dying declaration ... recording second dying declaration, as there was time gap of
approximately five hours in between the first dying declaration and
the second dying declaration
dying declarations viz the
dying declaration which is at Exhibit-32 and another dying
declaration which is at Exhibit-66. In both these dying
declarations ... Dilip Pandhare was asked to
record the dying declaration. Before recording dying
declaration, PSI Kingi had obtained report from the Medical
Officer at Exhibit
poured kerosene.
20. Version in second dying declaration is not like the one given in
first dying declaration which is, though recorded on the same ... dying declaration. Therefore, dying
declarations cannot be said to be consistent.
21. Law is clear on the manner of appreciation of dying declaration,
that dying
there are many dying declarations and in one
dying declaration some persons are named and in other dying
declaration more persons are named, the scrutiny ... dying declaration can be discarded. In the present
matter, in one dying declaration the deceased had named accused
No. 4, but in the frst dying
declaration of Akshata was recorded by the Police Officer
and the second dying declaration was recorded by Special
Metropolitan Magistrate. The first dying declaration ... first dying declaration, the FIR
discloses that, initially, complaint under section 498- A was
registered against the appellants in view of dying declaration
creates doubt regarding
dying declaration.
11. The next witness PW-6 ASI Abdul Kalim Ibrahim Raje,
recorded the first dying declaration and gave requisition ... doubt
about recording of dying declaration, there is a need for corroborative
evidence to rely upon such dying declaration.
( iv) Shahrukh Salim Pathan
creates doubt regarding
dying declaration.
11. The next witness PW-6 ASI Abdul Kalim Ibrahim Raje,
recorded the first dying declaration and gave requisition ... doubt
about recording of dying declaration, there is a need for corroborative
evidence to rely upon such dying declaration.
( iv) Shahrukh Salim Pathan
told that not to accept first dying declaration. He admitted that, he
did not record dying declaration in question answer form. Rest is
all denial ... second dying
declaration be recorded. Such material suggest that, on realizing
first dying declaration regarding accidental burns, family members
exerted pressure and second time
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
