second dying
declaration recorded by the Taluk Executive Magistrate
as per Ex.P.5 ignoring the first dying declaration -
Ex.P.16 made ... dying declarations i.e., one in the complaint made
by the Tahsildar and the first dying declaration -
Ex.P.16, and another in the second
there are many dying declarations and in one
dying declaration some persons are named and in other dying
declaration more persons are named, the scrutiny ... dying declaration can be discarded. In the present
matter, in one dying declaration the deceased had named accused
No. 4, but in the frst dying
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
dksbZ f'kdk;r ugha gSA"
The second dying declaration of the deceased, which was recorded by PW-4, Bal Kishan Agarwal ... whereas the second dying declaration was recorded by the Head Constable after about one hour of the first dying declaration. The High Court noticed that
deceased was in sound state of mind while giving dying
declaration. Therefore, this dying declaration is voluntary, truthful
and not the product of tutoring ... dying
declaration Exh.-35, it is noticed that it has a reference to the quarrel
preceding the dying declaration. She has stated in the dying
rejecting the whole of the dying declaration. Whereas in other cases wherein two parts of the dying declaration may be severable and the correctness ... upon that part of the dying declaration despite the fact that another part of the dying declaration has not been proved to be correct
endorsement on dying
declaration Exhibit 38 that he was present at the time
of recording the said dying declaration. Thus, nothing
is found in favour ... make statement at the time of dying
declaration Exhibit 38 mere absence of endorsement on
dying declaration Exhibit 38 of the Medical Officer
about
Madhukarrao Venkatrao Mane, learned JMFC,
Kandhar, who recorded the second dying declaration
d) PW4 - Dr Sunil Bhagwanrao Kulkarni, Medical Officer
with the Government Hospital, Nanded ... first dying declaration
which was treated as an FIR). After the recording of such dying
declaration, the doctor has once again remarked that
contended that the entire
case is based on the oral dying declaration of the
deceased, as spoken ... head and hand and consequently died.
Only based on the dying declaration of the deceased,
the trial Court is not justified in convicting the accused
Chaitanya, who issued Fitness
Certificate as per Ex.P.22 and second dying
declaration made before P.W.23-Tahsildar ... Harish, Tahsildar, who
recorded the second dying declaration as per Ex.P.27
before P.W.20-Dr. Kumar R., who issued
