first dying declaration was
introduced without taking somebody independent, like the
doctor, into confidence. The investigation later introduced
the story of another dying declaration. This ... involvement in the recording of the first dying
declaration. Another significant factor emerging from the
first dying declaration is that the names
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
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
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police have recorded her statement which is her first dying
declaration. In the said dying declaration, at the earliest
point of time, the deceased ... With respect to second dying declaration,
though the accused has not specifically denied the dying
declaration recorded by the Tahasildar, however, they
suggested
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
Pakale, (P.W. 4) for recording a dying declaration (referred hereinafter as "first dying declaration") of the deceased. The said first ... dying declaration was recorded at 7 a.m.. The first dying declaration was recorded at about 2.15 to 2.30 a.m. Both the dying declarations
dying declaration, but still she stated
that patient was conscious throughout recording the said dying declaration.
It is further submitted that the said second dying ... dying declaration, said first dying declaration was not
written in the questions and answers form.
16. Bare perusal of the contents of first dying declaration
sister of accused No.1 and also the first dying
declaration and 2nd dying declaration. Hence, the same may be
considered as material contradiction ... doubt about the truthfulness of such dying declaration.
16. If there are multiple dying declaration, each dying
declaration has to be considered independently on its merit
attached to it. It has also been submitted that the second dying
declaration recorded in the hospital by Shri Rajdev Singh, Additional City
Magistrate, Meerut ... Arya, no serious objection could be raised with regard to the second
dying declaration recorded by the Executive Magistrate. It has, further
been submitted that
