Dying declaration - Evidentiary value -
Multiple dying declarations -
Inconsistencies - Discrepancies in the last
dying declaration making if doubtful -
held, it would not be safe to convict ... dying declaration. It is ultimately held that -
"It is the satisfaction of the court with
reference to the dying declaration. The dying
declaration must
steps taken by the I.O. was to record the dying declaration. The dying declaration is Ex. P-11. It contains an elaborate account ... recording of the dying declaration. Also, the pro forma shall specify that the original of the dying declaration is lodged with the Court
reliance on this document or to treat it as a valid dying declaration. In the absence of this evidence, the prosecution case would necessarily have ... conviction is possible solely on the basis of a totally reliable dying declaration that it must pass the absolute test of scrutiny. It is insufficient
Evidence Act (1872), Section 32 -- Dying declaration --Admissibility -- Corroboration -- Necessity.
It is well settled that though a dying declaration must be approached with caution ... once again on the matter of dying declaration, wherein the Supreme Court held that a dying declaration stands on the same footing as any other
recording of the dying declaration by a Taluka
Executive Magistrate itself, the said dying declaration
cannot be discarded as not reliable.
31. In this regard ... alleged dying
declaration at Ex.P-4 was not examined by the prosecution.
As such, the said dying declaration is not reliable. In that
regard
same cannot be said of a dying declaration because a dying declaration may not, unlike a confession, or the testimony of an approver, come from ... general proposition that a dying declaration is a weaker kind of evidence than other pieces of evidence, that a dying declaration stands on the same
deceased, the High Court was
justified in holding the said dying declaration to be reliable.
Crl.A.No.100358/2017
41
[d] In the case ... Supreme
Court Cases 455, wherein the question of reliability of dying
declaration was involved, since the statement of deceased was
recorded in Marathi language although
Hanumantharayudu vs The State Of Thirumani Police Station on 14 August, 2020
Equivalent citations: AIRONLINE
Dying
Declaration can be the sole basis for conviction. However,
such a dying declaration has to be proved to be wholly
reliable, voluntary ... dying declaration at
Exhibit P21 and Exhibit P25 are required to be re-
appreciated and closely scrutinized.
27. Dying Declaration where held not reliable
following effect ;-
26
"So far the law regarding dying
declaration is concerned, on behalf of the
appellants, learned counsel for the
appellants placed reliance ... been held that
27
dying declaration reliability not to be accepted where
the declaration is made 8 to 9 hours after the incident
whreunder
