the dying declaration recorded by the Executive Magistrate
(Naib Tehsildar), PW-11, which was endorsed by Dr. Avinash
Saxena, PW-9 is reliable and trustworthy. The dying
declaration recorded by PW-11 is in question-answer form.
In the said dying declaration, the deceased clearly implicates
the present appellant. The Medical Officer, PW-9, before the
commencement of the dying declaration has given an
endorsement regarding fit mental status of the deceased to
make a declaration and at the end of the dying declaration
again he has endorsed that the deceased was in a fit state of
mind. The written dying declaration is corroborated by the
oral dying declaration as has come on record in the evidence
of her grand-father Sohan Singh (PW-1), her grand-father’s
brother Mukund Singh (PW-2), her aunt Preeti (PW-13) and
her uncle Sandeep Singh Rajpoot (PW-14).
8.
In the said dying declaration, all the witnesses have
clearly stated that the deceased after coming out from the
room in flames has narrated the incident about the appellant
committing the crime. Not only this, but DW-1-Golu Chaubey
who was examined on behalf of the defence has also clearly
stated that when the deceased came out of the house, she
5
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