proposition that a
dying declaration is a weaker kind of evidence
than other pieces of evidence; (4) that a dying
declaration stands on the same ... nature of dying
declaration, one first in point of time must
be preferred. Of course, if the plurality of
dying declaration could be held
contradictions and
inconsistencies in dying declaration of deceased, the trial
Court has committed illegality on relying upon the sole dying
declaration ... dying
declaration cannot be disbelieved. Thus, it appears that the
dying declaration (Ex.P/22) made by the deceased is
voluntary, reliable and made
objections were raised before the trial Court as to
the reliability of the dying declaration and the First Information
Report; however, they were competently dealt ... dying declaration (Ex. P-1) and the
First Information Report (Ex.P-13) which has acquired the status of a
dying declaration were reliable
dying
declaration of the deceased.
6. Shri Manoj Paranjape, learned counsel appearing for the
appellant, would argue that the dying declaration is not reliable
because ... dying declaration.
18. In State of Orissa v. Parasuram Naik 11 the Supreme Court did
not consider the dying declaration to be reliable because
necessary to look for corroboration of the dying declaration, as envisaged if a dying declaration is recorded by a Executive Magistrate with certificate ... that the thumb impression affixed on the dying declaration was that of Smt. Sabila. The dying declaration of the deceased was marked
court
has to examine a dying declaration scrupulously with a
microscopic eye to find out whether the dying declaration
is voluntary, truthful, made ... more than one dying
declaration they should be consistent. If a dying declaration
is found to be voluntary, reliable and made in fit mental
condition
held "that in order to pass the
test of reliability, a dying declaration has to be
subjected to a very close scrutiny, keeping ... dying
declaration. Thus, if the statement of a dying
person passes the test of graver scrutiny
applied by the Courts, it becomes the most
reliable
general proposition that a dying
declaration is a weaker kind of evidence that other
pieces of evidence; a dying declaration stands on
the same footing ... parties."
"In order to pass the test of reliability, a
dying declaration has to be subjected to a very
.
close scrutiny, keeping
that
dying declaration cannot form the sole basis of conviction
unless it is corroborated by other evidence.
The dying declaration, if found reliable, could form ... dying declaration was
not in question-answer form, the sanctity attached to a dying
declaration as it comes from the mouth of a dying person
proposition that a dying declaration is a
weaker kind of evidence than other pieces of evidence; (4) that a
dying declaration stands on the same ... parties.
17. Hence, in order to pass the test of reliability, a dying
declaration has to be subjected to a very close scrutiny, keeping