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Showing contexts for: multiple dying declaration in Vutukuru Lakshmaiah vs State Of Andhra Pradesh on 24 April, 2015Matching Fragments
called ‘chance witnesses’ as has been nomenclatured by the learned senior counsel for the appellants.
16. The next limb of submission of the learned senior counsel for the appellants relates to acceptability and reliability of the dying declaration recorded vide Ex. P-13. The criticism is advanced on the foundation that it is absolutely vague. It is urged by him that the dying declaration being absolutely infirm, it cannot be placed reliance upon and once the dying declaration is discarded, a serious dent is created in the prosecution story. To appreciate the said submission, we have carefully scrutinized the contents of the dying declaration contained in Ex. P-13, which has been recorded by the Additional Judicial Magistrate, First Class, PW-18. In his testimony, he has categorically stated every aspect in detail and nothing has been elicited in the cross-examination. At the time of recording of the dying declaration, as the material would show, the declarant was absolutely in a conscious state and there is an endorsement in that regard by the treating doctor. The submission that the dying declaration is eminently vague is neither correct nor is it based on any material on record. On the scanning of the dying declaration, we find that he has named Vutukuru Laxmaiah, A-1, Rayapu Sreenivasalu, A-2, Rayapu Subbaiah, A-3, Meriga Ramanaiah, A-5, Amburi Raja, A-8, Rayapu Ravi, A-9, and Rapayu Siddaiah. Thus, in the absence of any kind of infirmity or inherent contradiction or inconsistency or any facet that would create a serious doubt on the dying declaration, we are not inclined to discard it. It is well settled in law that conviction undisputedly can be based on dying declaration, if it is found totally reliable. In Mehiboobsab Abbasabi Nadaf v. State of Karnataka[10], while discarding multiple dying declaration, the Court held thus:-