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
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
apeal-91.15cria
7
evidence in respect of these dying declarations.
9. The first dying declaration is recorded by
PW-7 - Bhagwan Bhaguram Kendre-Police ... Corroboration to the dying declaration :-
There is no doubt in accepting evidence
of dying declaration for conviction, if such dying
declaration is not suspicious
dying declaration has been recorded after 13 days of recording of first dying
declaration that too by a constable in which she has alleged that ... that in the
existing circumstances when first dying declaration is of Judicial Magistrate then
second dying declaration was not required to be recorded that
principle of law disbelieved the aforesaid statement to be treated as dying declaration. First information report was lodged promptly with clear details. Motive to commit ... Trial court doubting the genuineness of the dying declaration was of of the opinion that dying declaration has not been recorded following the guidelines
each accused has been mentioned in the F.I.R. As per the F.I.R, dying declaration of the deceased and statement ... held that no statutory form for recording dying declaration is necessary. A dying declaration can be made verbally or in writing by any method
time which are sought to
be utilized as dying declarations of the victim. The first
dying declaration was recorded by Dr. Ramprasad Mallick ... English. The second
dying declaration was recorded on the same day i.e.
09.11.2017. Whereas, the third dying declaration was
recorded on the following
observed by us earlier, the first
dying declaration ended at 8:00 A.M., while the second dying
declaration was also recorded ... dying declarations, out of the two
dying declarations, which are placed on record as Exs.P-17 and
P-13, the first dying declaration
record.
8. It is submitted that the deceased in her first dying declaration mentioned that the accused poured kerosene and set her ablaze and then ... number have to be evaluated.
13. Whether the F.I.R. corroborates the dying declaration of the deceased? It is an admitted position of fact
dying declaration the
evidence with regard to it is to be rejected. (See
Kake Singh v. State of M.P .)
(vi) A dying declaration which ... three dying
declarations (Ext. P-12, Ext. P-22 and Ext. P-29) is to be doubted. In
the first dying declaration
