prudence.
(v) Where the dying declaration is suspicious, it
should not be acted upon without corroborative
evidence.
(vi) A dying declaration which suffers from
infirmity ... under:
"8.We will now examine the contents of the
second dying declaration Ex. P-10 recorded by the
Magistrate on 14.7.1989. It should
dying declarations and their
versions are as per the first dying declaration. The circumstances
which are discussed in respect of the recorded dying declarations
need ... 2001
20
two oral dying declaration and first dying declaration on one side and
the second dying declaration on the other. The inconsistencies are
already
dying declaration is silent on
this aspect, this dying declaration cannot be accepted. The learned Counsel
then submits that though the alleged first dying declaration ... that there is a contradiction in two dying declarations
namely first dying declaration and second dying declaration. On going
through the dying declarations proved through
factually unassailable, and we express our entire concurrence
therewith.
18. The second dying declaration, in the submission of the defence,
was contained in the attested ... incidence."
19. This, according to the defence, was the second dying
declaration of Arti, in which she stated that she had been
Medical Officer, he recorded first dying declaration
(Exh.19) on 27/8/1999 at 00.30 a.m. This dying declaration was
treated ... Police Station, Nanalpeth, Parbhani. Second dying declaration
(Exh.41) of the deceased was recorded by Naib Tahsildar Shri
B.S. Makrand
dying
declarations, three oral dying declarations and ocular testimony
of a child witness PW-6 Anjali, daughter of the deceased. The
first dying declaration ... competent to give
statement. Thereafter, he recorded her dying declaration. Alka
disclosed in her dying declaration that on 08/05/2013 at about
that these
persons were present in the Civil Hospital when the
second dying declaration was record by the Executive
Magistrate in which the deceased Mangalabai ... first two dying declarations were
recorded. For the reasons already given it can be said that
at the time of second dying declaration in which
make the dying
declaration, the medical opinion cannot prevail."
In present case, Dr. Satish Nema recorded first dying
declaration ... thereafter, Executive
Magistrate recorded second dying declaration Ex.P-12 during
8:05 to 8:15 pm. In both statements, the doctors were
dying
declaration after reading over the contents thereof to
her and after she accepted the said contents to be true.
After recording that dying declaration ... said dying declaration was treated as
the FIR. In that dying declaration she states that she
was being ill-treated by the respondents
such dying
declarations, that is to say, if there are more than one dying
declaration they should be consistent. If a dying declaration
is found ... dying
declarations. One recorded by the doctor; the second
recorded by the police constable and also attested by the
doctor and the third dying declaration
