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
Shri Chatterji that when the dying
declaration at Exh.42 shows that, incident caused accidentally
and the subsequent dying declaration at Exh.55 show otherwise ... dying declaration at Exh.42 deceased Sangita has not
disclosed that, on the earlier day also someone has recorded her
statement-cum-dying declaration
same was not there in the
first dying declaration. He submits that as regards the first dying
declaration, PW 3, a nursing staff ... defence. As
regards the second dying declaration, PW 6 admitted his signature on the
dying declaration, but deposed that due to his disturbed mental condition
State By Women Police Station vs B V Kumar S/O Eerojirao @ B Veerappa on
Majalgaon and recorded first dying
declaration (Exh. 58) of the deceased.
6. On the basis of the first dying declaration of the
deceased, Crime ... every probability that even the second dying
declaration recorded by Executive Magistrate (Exh.52) and third
dying declaration (Exh.63) recorded
Exhibit-35) the chit,
(Exhibit-53) first dying declaration, (Exhibit-101) second dying declaration
and (Exhibit-156) call records of mobile, the trial Court found ... dying declaration, (Exhibit-101) second dying
declaration and (Exhibit-156) the call records assume significance. In the
first dying declaration given at about
Special Judicial Magistrate was summoned to record the dying
declaration of Sneha. In the first dying declaration which was recorded on 13.2.2002,
Sneha deposed that ... Coming to the second dying declaration of Sneha, the first dying
declaration (Exh.14) dated 13.2.2002 reveals that Sneha was doing the course of
Beautician
question. This statement was recorded on
04.03.2008.
9
16. The second dying declaration is Ex.P12, which was recorded
by PW7-the Magistrate ... hospital.
17. A reading of the above two dying declarations would show
that the second dying declaration, which was recorded by the
Magistrate, does
that there were two dying declarations which were contrary to each other and as
such the second dying declaration cannot be believed. He also submitted ... second dying declaration. Ex.PW4/A is the first
dying declaration. Both were recorded by PW-4.
58. Initially deceased had stated that
