home.
Learned counsel for the petitioner has submitted that there
are two dying declaration, first one recorded by the police
and second one recorded ... home.
Learned counsel for the petitioner has submitted that there
are two dying declaration, first one recorded by the police
and second one recorded
Kumar Jain (PW-11), who is brother of Sanjay (deceased)
and two Dying Declarations, Ex.P-19 recorded by Dr. R.C.
Agrawal ... implication of co-accused
Pramod in the incident and the two dying declaration of
the deceased are also contradictory. The FIR is also false
prosecution version differs
from the version as given in the dying
declaration, the said declaration cannot be
acted upon. [See State ... nature of dying
declaration, one first in point of time must
be preferred. Of course, if the plurality of
dying declaration could be held
That, in the present case, there are two Dying
Declarations apart from the oral Dying
Declaration before the husband of the deceased.
There ... there are two
dying declarations giving two different
versions, a serious doubt is created about
the truthfulness of the dying declaration.
It may be that
kind of coercion exerted upon victim who died after
about six hours of recording dying declaration. It is
submitted that first and foremost priority ... 1999
7. Following are the two dying declaration which read
as under:
Date: 8.3.1999
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HC-NIC Page 12 of 18 Created
negligent while recording the dying declaration.
When there are more than one dying declarations,
the intrinsic contradictions in those dying
declarations are extremely important ... genuineness of the dying declaration.
.
Still further, Mr. Rajesh Mandhotra, learned
52.
counsel for the accused, submits that dying declaration is
nothing but a waste
dying declaration, the medical
opinion cannot prevail.
(x) Where the prosecution version differs from the version as
given in the dying declaration, the said declaration ... Chinnamma v State of Kerala AIR 2004 SC 2816,
there were two dying declaration one recorded by Head Constable
and other by Judicial magistrate
analysing the truthfulness, genuineness of the dying
declaration and should come to a proper conclusion that the
dying declaration is not a product of prompting ... Haryana )
"Severability of a dying declaration
33. The next question is whether Asha Devi's dying
declaration can be spilt up to segregate
submitted, Ext.1 should also not be treated as dying
declaration. The inconsistency in two statements (Ext.1) and (Ext.2) has also
been shown ... Apex Court did not accept the dying declaration finding
inconsistent stand in two dying declarations of the declarant. Similar was
the view in case
state of mind to make a dying declaration.
(iii) There is a long gap between the first dying declaration made
before the doctor recorded ... time of
recording the dying declaration. No opinion was taken by him just
before recording the dying declaration nor satisfied himself by putting
questions
