first dying declaration (Ex.
DO/C), deceased Manjit Kaur has exonerated the appellant
and his family members. In the second dying declaration ... answer is which one of the
dying declarations is to be believed.
11
16. The first dying declaration (Ex. DO/C) is recorded
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 a dying
declaration
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
presence of two panchas (Ex.47). This was the
first dying declaration of the deceased. In a gap of about one hour, the statement ... oral dying declaration is concerned, the evidence on record is
very shaky, apart from the fact that evidence relating to oral dying declaration
where two dying declarations came to be recorded
by the Tahsildar and observed as under:
"9. Undisputedly, in the first dying declaration recorded ... suspicion.
16
II. Oral Dying Declaration made before PW1.
28) The next declaration which requires consideration is the
oral dying declaration made before
