statement of the Deceased recorded as the
second dying declaration, apart from noticing that the dying
declaration recorded prior in point of time must ... first
dying declaration by the later declaration is only a rule of prudence.
27. In our opinion, the second dying declaration comprising far
too many
appellants, would
submit that the deceased died due to an accidental fire in the
kitchen. Her first dying declaration was recorded ... medical condition
to make dying declaration. There is no such certification in the
second dying declaration. The second dying declaration was
Cr.A.No.1142
being
certified to be in able condition to give dying declaration, she gave dying
declaration (Ex.P/11) on the same day at about ... only difference in both the dying declarations is that: in first
dying declaration [i.e. Dehati Nalishi (Ex.P/18) and FIR
being
certified to be in able condition to give dying declaration, she gave dying
declaration (Ex.P/11) on the same day at about ... only difference in both the dying declarations is that: in first
dying declaration [i.e. Dehati Nalishi (Ex.P/18) and FIR
sister of accused No.1 and also the first dying
declaration and 2nd dying declaration. Hence, the same may be
considered as material contradiction ... doubt about the truthfulness of such dying declaration.
16. If there are multiple dying declaration, each dying
declaration has to be considered independently on its merit
believed the
dying declaration recorded by the Magistrate/SDM on
22.12.2011 mainly on the ground that when the dying
declaration was already recorded ... record the dying declaration of the deceased
by the Magistrate and that is why SDM was called to record
the dying declaration of deceased
learned Additional Public Prosecutor would contend that
though Ex.P2 first Dying Declaration recorded by P.W.1
13
CPK, J & BVLNC ... would be appropriate
to refer to the two Dying Declarations recorded. In the first
Dying Declaration recorded by P.W.1, which placed
impugned judgment the Court below clearly held that only first dying declaration
is trustworthy, second and third are not. Since the name of present appellant ... accused persons Dhaniram and Premnarayan find place in the first
dying declaration and this court has granted benefit of suspension of sentence
to the aforesaid
dying declaration. If there are more than one dying
declaration, the dying declarations may entirely agree with one
another. There may be dying declarations where ... dying declaration and inconsistencies between
the declarations are absolute and the dying declarations are
irreconcilable being repugnant to one another. In one dying
declaration
accidental, which makes the story of
prosecution doubtful.
(vi) Lastly, the dying declaration in the form of report
Ex.P/10 recorded at the behest ... contents of F.I.R. and the statement under section
161 Cr.P.C. comes within the purview of Dying Declaration, when
admittedly
