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
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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
fact that Netrapal Singh died much later on 21-1-1980. It is obvious that his second dying declaration Ext. Ka-6 was a long ... second dying declaration of the deceased was a detailed one. We should make it clear that the fact of the dying declaration of the deceased
whether the law permits recording of
second dying declaration after recording dying declaration
once. In this sequence, it would be pertinent to go through ... record second dying declaration. First dying
declaration was withheld by the prosecution and was not
produced with the charge-sheet. Thus, the second dying
declaration
view, for not examining the doctor, the dying declaration
recorded by the Executive Magistrate and the dying
declaration orally made to Prem Chand ... second dying declaration. It was
contended that the first dying declaration was correct and
the deceased had stated true facts in the said declaration
date of the incident i.e. 15.3.1999, and the second dying
declaration, being Ex.PW5/A, which was recorded ... mind regarding the
truthfulness of the dying declarations. Further, in the second dying
declaration three persons have not been mentioned by the deceased
mare, however in the second dying declaration (Exhibit-36) such
reason is absent. In the first dying declaration (Exhibit-16) she had stated
that ... dying declaration (Exhibit-36). In the first dying declaration (Exhibit-
16) she stated that both her sons had extinguished the fire, whereas, in the
second
case of multiple dying declaration made by the deceased and considering the inconsistency in the dying declaration, the dying declaration Ex.Ka-12 is required ... second dying declaration.
(iv) that apart from dying declaration recorded by the Executive Magistrate, the deceased also made oral dying declaration before
contradiction in a dying declaration each of
the dying declarations has to be considered
24
independently. The first dying declaration was
given immediately after ... declarations.
54. As aforesaid the second dying declaration goes
beyond the first dying declaration and if the second
dying declaration is considered, then
