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
dying declaration dated 25.10.2008 Ext. PW-21/G. Smt. Veena Devi died
on 26.10.2008.
.
29. According to the contents of statement (first dying
declaration ... Veena Devi died on 26.10.2008. It is second dying
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21
declaration, which is doubtful
dying declaration, the said declaration cannot be acted upon.
(xi) Where there is more than one statement in the nature of dying
declaration, one first ... second dying
declaration was recorded at Civil Hospital, Dasuya on 7.1.2011. In the first
dying declaration (Ex.DE) the deceased has given clean-chit
that the said
dying declaration (Exhibit-7) is voluntary and truthful. I am inclined
to rely on the said dying declaration on the basis ... However, this
dying declaration is recorded after four days of sustaining 80% burn
injuries by Gouri. This dying declaration is also recorded in presence
next day, the deceased levelled
allegations against the Appellants in her second dying declaration
(Ex.P22), which was recorded by Tahsildar C.L. Yadav ... disclosed about the incident to them for the first
time. The second dying declaration (Ex.P22) of the deceased was
also recorded
basis of the
statements, he found the incident accidental.
5. The second dying declaration
Ex.P.16 has been reduced into writing ... eftLVªsV
la[;k &3] chdkusj^^
and Ex.P.16, the second dying
declaration, which has been recorded, its recitals are as
under :-
"mifLFkr
second dying declaration made by Smt. Sangeeta (since deceased).
15. Before we consider this dying declaration it is appropriate that first dying declaration ... close look to the second oral dying declaration which has been reduced into writing, as the first dying declaration is only oral as narrated
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
reconcile the two dying declarations, trial court has proceeded
on the following premises: -
"In fact second dying declaration ... dowry."
13. When the two dying declarations are objectively read, it becomes
amply clear that second dying declaration (Ex. PW-4/C) cannot possibly
