witness of truth but in order to corroborate the
second Dying Declaration, for the first time in the Court, he
concocted a story. His evidence ... been in a
position to give a second statement and could have further held that
second Dying Declaration was got up one and was fabricated
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
could be placed on the dying declaration.
(5) Gajanan Hanumant Jiddewar, 2016 All MR (Criminal)4919, wherein,
three dying declarations were recorded but there were ... case, the first dying declaration was recorded without any
endorsement about her fitness prior and after recording of dying declaration.
Second dying declaration though endorsed
dying
declaration and inconsistencies
between the declarations are absolute
and the dying declarations are
irreconcilable being repugnant to one
another. In one dying declaration ... question of an
inconsistent dying declaration but a
dying declaration which is completely
opposed to the dying declaration which
is given earlier. There
eight
witnesses and also relied on documentary evidence like FIR, dying
declarations, postmortem report etc.
After appreciating the oral and documentary evidence, learned
trial Judge ... dying
declarations which, according to her, inspite of being of same date,
are not consistent. She pointed out that in the second dying
declaration (Exhibit
relied upon two dying declarations which are inconsistent in all
material particulars. Prior to recording of dying declarations,
oral dying declaration is to the extent ... kerosene can was brought
by her sister-in-law, whereas in second dying declaration
recorded by PW-8/Naib Tahsildar, she alleges that
arrangements were made to record her dying
declaration. Thus, as per the evidence of PW10, her dying
declaration was recorded and she has narrated that ... prosecution has suppressed the first
dying declaration. Therefore, the evidence as to the dying
declaration is not to be accepted upon. He submitted that
prosecution
also recorded the statement of Jyoti, which is the
second dying declaration at exhibit 38. As the condition of Jyoti
was deteriorating, the Medical Officer ... Learned advocate for the appellant also drew my
attention to the second dying declaration at exhibit 38 recorded
*9* apeal417o05acquit
by the Executive Magistrate Baban
those relations. The
Special Executive Magistrate (PW5 - Bhaskar), who recorded the
second dying declaration, did face prosecution for recording false
dying declaration in some other
