Kailas Maruti Gunjal vs The State Of Mah on 24 November, 2014
Learned counsel for the appellant- accused relied on
the case of Rajesh Mahaiskar Vs. State, reported in 2014 ALL MR
(Cri) 1023 as well as Macchidra Shelar Vs. State of Maharashtra,
reported in 2014 CJ (Bom) 123; the case of Suresh s/o Arjun
Dodorkar (Sonar) Vs. State of Maharashtra, reported in 2005(0)
BCI 232 and Kamalbai Gorakh Koli & ors. Vs. State of
Maharashtra, reported in 2011(4) Bom.C.R. (Cri.) 535 to submit
that where there are more than one dying declarations, if there
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Cri.Appeal No.679/2011
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are material inconsistencies and contradictions, the Court cannot
pick and choose one dying declaration and all the dying
declarations would be required to be discarded.