dying declaration and also
in the written dying declaration recorded
by SI Arvind Puri (PW 8) on 22-7-1994. The
first dying declaration exonerating ... question of an
inconsistent dying declaration but a dying
39
declaration which is completely opposed to the
dying declaration which is given earlier. There
dying declaration, unauthorisedly recorded by Shri Damodar
Prasad Mahure, the ASI (PW.19), subsequently. Where there
are two dying declarations, the first dying declaration recorded ... time of recording of
the second Dying Declaration, while at the time of recording of
the first Dying Declaration, Dr. Subhash Jain (PW13) certified
first dying declaration was
introduced without taking somebody independent, like the
doctor, into confidence. The investigation later introduced
the story of another dying declaration. This ... involvement in the recording of the first dying
declaration. Another significant factor emerging from the
first dying declaration is that the names
Dying Declaration (Ex.P-10) at 6.00 p.m. and
completed it by 6.25 p.m.
9. Ex.P-8 is the dying declaration recorded ... also did not verify the case sheet. Even on
the second Dying Declaration, Dr. T.Narasimharao made an
endorsement to the effect that "patient
prudence that a dying declaration cannot be relied
upon without corroboration. When a dying declaration is
suspicious, it should not be relied upon without having ... dying declaration and also in the
written dying declaration recorded by SI Arvind Puri (PW 8) on
22-7-1994. The first dying declaration exonerating
correct, she affixed her
thumb impression on the dying declaration.
In this dying declaration Bhavani (deceased) stated that
due to unbearable harassment caused ... statement of
the deceased. The second dying declaration recorded by Head
Constable, PW-15 is a detailed dying declaration in which
Bhavani (deceased) has stated
registered. The Investigating Officer came to the hospital
and recorded a second dying declaration which was marked Ex.P-J. In the
said dying declaration ... second dying declaration;
(v) There was no reason as to why the Magistrate had not been sent
for to record her dying declaration
submitted that the death was
accidental. He further submitted that the second dying
declaration (Ex. PE), which was recorded after 3 days, had
been recorded ... second dying declaration
(Ex. PE), she has implicated the appellant as well as his
parents. In the first dying declaration (Ex. DO/C), she stated
attached to it. It has also been submitted that the second dying
declaration recorded in the hospital by Shri Rajdev Singh, Additional City
Magistrate, Meerut ... Arya, no serious objection could be raised with regard to the second
dying declaration recorded by the Executive Magistrate. It has, further
been submitted that
Kanjirappally hospital.
We will now examine the contents of the second dying
declaration Ex. P-10 recorded by the Magistrate on 14.7.1989.
It should ... same on
her was not spoken to by her in her second dying declaration.
This fact has some relevance while appreciating the correctness
