the emergency ward of the hospital. No one else was present at the time of recording the statement except him and the deceased persons. Both of them were in a fit condition when he recorded their statements. Exhibit Ka-2 and Exhibit Ka-5, the statement of Islamuddin does not bear the thumb impression or signature of anybody else except his own and the deceased. Exhibit Ka-2 and Ex. Ka-5 do not bear any certificate from the doctor with regard to fitness of both the deceased. Ex. Ka-2 and Ex. Ka-5 do not bear his endorsement with regard to fitness of the deceased at the time of recording the statements. There was a time gap of 15 – 20 minutes in recording of the two dying declarations. Both were written on the same day and at the same place. PW-5 had written only two statements. Different pens were used in recording the statements, but to obtain thumb impressions of the deceased, one ink pad was used. 32. A.S.I. Narender Singh Rawat PW-5 was recalled for the purpose of re-examination on 28.04.2017 in compliance of the order dated 15.04.2017. That on 07.08.2014, he was posted at the RML Hospital. On that day he had recorded the statement of Islamuddin aged about 16 years, son of the convict, resident of mohalla Muglooshah, Najibabad, District Bijnore. Islamuddin was in a fit condition to give a statement. He had recorded his statement word by word as stated by him. His thumb impression was taken on the statement. The thumb impression was identified by him. He had also put his signature on the statement. His statement has been recorded earlier in the court. 33. The appellant-convict examined himself as a defence witness. He deposed that his parents had five children. He was the eldest, his brothers were, namely, Shanu, Irshad and Naushad and one sister Soni. Islamuddin was born from his first wife Ishrat. His first wife had left his house as his 16