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
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
first dying declaration. On perusal of
first dying declaration Exh.37, it appears that toe impression on the
said dying declaration is taken. There ... that the dying declaration are inconsistent
and not trustworthy merely because on the first dying declaration toe
impression is obtained and on second dying declaration
room. The said Dying Declaration of Deceased was
recorded in 6 (six) hours from her suffering the burn injuries. Dying
Declaration at Exh.23 show ... relied upon.
23. As regards the another / second Dying Declaration is
concerned, the same was recorded by PW7 - Sanjay Kacharuji Chavan.
His evidence shows that
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
stated in the said second written dying declaration for the occurrence
of the incident.
(iii) The first dying declaration (Exh.65) is silent regarding ... which is stated in the second written dying declaration (Exh.61).
(iv) So also, the first dying declaration (Exh.65) is silent
::: Downloaded
witness of truth but in order to corroborate the
second Dying Declaration, for the first time in the Court, he
concocted a story. His evidence ... been in a
position to give a second statement and could have further held that
second Dying Declaration was got up one and was fabricated
they had intention to kill. There was no need to record
second dying declaration. There is variance in oral and written dying
declarations. Looking ... hospital and there are two written dying declarations recorded by
the Dy. S. P. The second dying declaration was recorded as
deceased wanted to explain
they had intention to kill. There was no need to record
second dying declaration. There is variance in oral and written dying
declarations. Looking ... hospital and there are two written dying declarations recorded by
the Dy. S. P. The second dying declaration was recorded as
deceased wanted to explain
second dying declaration did not
find place in the first dying declaration and thus, according to
him, both the dying declarations are not reliable ... 2011
9
second dying declaration-cum-F.I.R. following the necessary
procedure and even this dying declaration was endorsed by yet
another doctor
