dying declaration (Exh.29).
59. There is a variance between dying declaration / FIR
(Exh.53) and dying declaration (Exh.29). In dying declaration ... dying
declaration (Exh.53) and dying declaration (Exh.29) doubtful.
60. It is a matter of record that, prior to recording of dying
declaration
two dying declarations were recorded. First dying declaration was recorded by the Magistrate on 02.8.1999 at 11.30 AM, whereas the second dying declaration was recorded ... multiple dying declarations, and in the earlier dying declaration, accused is not sought to be roped in, but in the later dying declaration, a somersault
contents of the dying declaration
Ex.PW-16/B and observed as under:
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“21. That in the dying declaration ... precision lends assurance to the
truthfulness of the dying declaration so recorded and this dying
declaration is upon proof of Sher Singh being fit when
upon that part of the dying declaration despite the fact that another part of the dying declaration has not been proved to be correct ... interested in fabricating the dying declaration. The question of genuineness of the dying declaration recorded by the Executive Magistrate to be doubted did not arise
after death of the
deceased on 16.04.2013 both two dying declaration,
admittedly first statement Ex.P9 was recorded by the police ... issued certificate of fitness, Ex.P11 dying declaration,
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PW-20 Tahsildar who recorded dying declaration Ex.P11
before Doctor
dying declaration as per Ex.P8. He
has given Certificate of Fitness of the injured at the time of
recording of dying declaration ... entire evidence on
record, except the witnesses who are referable to two
dying declaration given by the deceased, all other
witnesses have turned hostile
year 2014. He further submits that there are two dying declaration, one was recorded on 29.12.2019 (one day after occurrence) wherein the allegations against applicant ... above, particularly that there is a change in the version of dying declaration and the applicant is senior citizen, aged about 70 years, this Court
these two
dying declarations are almost identical to what was stated
by the deceased in her dying declaration (Ex.P/13), which
was recorded ... court to have
discarded the two dying declarations recorded by the
police officers. He urged that the dying declaration
recorded by the Magistrate
error in relying upon the dying
declaration. He submitted that at the time of recording of
the dying declaration, two or three ladiesn were also ... also perused the dying declaration Ex.P/1 dated 22.11.1993
recorded by PW5 Dr. Ranjit Singh.
Before recording the dying declaration
exerted for having favour from injured, who subsequently died and these dying declaration are managed dying declaration.
Having heard learned counsel for both sides ... there, against the husband rather, first dying declaration was against Nand and the second dying declaration was against the mother-in-law and sister
