Appeal No. 455 of 2002
10. Manisha admittedly died on 07.01.2001, on which date second
dying declaration was allegedly recorded. The evidence of Devram
Gore ... before recording
dying declaration, in the present case the deceased was in the
Hospital for about 9 hours before recording the dying declaration
state of mind to make a dying declaration.
(iii) There is a long gap between the first dying declaration made
before the doctor recorded ... accepting or rejecting a dying declaration it must be kept
in mind as to in what circumstances a particular dying declaration was
made
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
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
since the doctor feared that the
victim was about to die. The second dying declaration contained the signature of
the deceased, but it was evident ... recorded
on 4.12.2009 and the second one on December 13, 2009 at 7:00 pm. In the
second dying declaration (December 13, 2009) the victim
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
Research Centre, Indore for recording the dying declaration
of the deceased. Before recording the dying declaration, the
deceased was examined by duty Doctor ... what was the
necessity of the second dying declaration, since there was
already a dying declaration in existence recorded
recorded Savita's dying declaration at 12.20 a.m. on
31.1.2004. On the basis of the dying declaration and the report of
Head Constable ... registered against the accused. The second dying
declaration was recorded by the Executive Magistrate Shri. Arun
Haribhau Meshram
Suryakant Phadnis. On this
Dying Declaration also at the beginning, before starting
recording of the Dying Declaration and after it was completed,
the Medical Officer ... Dying Declaration, it can be
seen from the evidence that anyway the first Dying Declaration
was recorded between 06.30 to 06.45 p.m. and second
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
