first statement as dying declaration.
There is only one dying declaration and that dying
declaration was recorded on 27.01.2008. This dying
declaration is believable ... recording of the dying declaration.
They have stood by the dying declaration and evidence
of PW29-Investigation Officer. The dying declaration
dated 27.01.2008 brings
more than one dying declaration, the intrinsic contradictions in those dying declarations are extremely important. It cannot be that a dying declaration which supports ... Masurkar on the dying declaration. PW 11 was shown the dying declaration. He has deposed that the certificate recorded on the dying declaration
treated as her dying declaration.
(iv) that both these dying declarations are not consistent, in the first dying declaration recorded by the Executive Magistrate, deceased ... more than one dying declaration, the intrinsic contradictions in those dying declarations are extremely important. It cannot be that a dying declaration which supports
lodged on 14.6.2012 on 22.15 p.m. whereas the statement of deceased-Rajni, who died on 17.6.2012 at 3.55 p.m., was recorded ... statement, by circumstances beyond his control; that the statement has been consistent throughout if he had several opportunities of making a dying declaration apart from
held that mere fact that the victim died long after making the dying declaration, said statement does not loose its value. The relevant paragraph ... contention that the appellant's wife died long after making the dying declarations and therefore those statements have no value. The contention overlooks
alleged statement was
recorded. He submitted that said statement can not be
relied upon and in absence of any corroboration the
statement by itself ... stated that the Investigating Officer had
recorded her statement on 14.12.2017 and that after here
statement the statement of the deceased was recorded by
the Investigating
rely upon the
said statement having regard to the nature
and content of the said statement as one of
dying declaration as deeming ... discredit contents of the said
statement, we hold that the reliance placed
upon the said statement as the dying
declaration of the deceased was perfectly
patient was in a fit state of mind to make the statement the dying
declaration cannot be accepted by the Court to form the sole ... die. There is no requirement of law that a dying declaration must
necessarily be made to a magistrate and when such statement is
recorded
make the statement and if the
Magistrate is satisfied about the condition of the patient to make
the statement, such statement can be relied upon ... dying declaration was
recorded. In the absence of any other suspicious
circumstances surfacing the dying declaration, it is not
possible to discard the dying declaration
proved her hand written statements as Ex.Ka.-16 and Ex.Ka.-17. These statements and the statement recorded under Section ... discredit contents of the said statement, we hold that the reliance placed upon the said statement as the dying declaration of the deceased was perfectly
