question of an
inconsistent dying declaration but a
dying declaration which is completely
opposed to the dying declaration which
is given earlier. There ... dying declaration
is dated 24.4.2002 at Exh.-84. The said dying declaration is
recorded before the Executive Magistrate, Amravati. In the said
dying declaration
dying declaration, the medical
opinion cannot prevail.
(x) Where the prosecution version differs from the version as
given in the dying declaration, the said declaration ... record the dying declaration.
In that case, there were five dying declarations but the physical and
mental fitness to make a dying declaration was doubtful
doubt
about recording of dying declaration, there is a need for corroborative
evidence to rely upon such dying declaration.
( iv) Shahrukh Salim Pathan ... first dying
declaration creates doubt since it has thumb impression of deceased.
However, hands were completely burnt. The contents of second dying
declaration were
doubt
about recording of dying declaration, there is a need for corroborative
evidence to rely upon such dying declaration.
( iv) Shahrukh Salim Pathan ... first dying
declaration creates doubt since it has thumb impression of deceased.
However, hands were completely burnt. The contents of second dying
declaration were
basis of such
dying declaration. When there are multiple dying declarations,
each dying declaration has to be separately assessed and
evaluated on its own merits ... Apex Court
considered the aspect of multiple dying declarations and held
that, if a dying declaration suffers from some infirmity, it cannot
be the sole
upon the corroboration of dying
declaration before it can be accepted. The insistence of the
corroboration to a dying declaration is only a rule ... basis of such dying
declaration. When there are multiple dying declarations, each dying
declaration has to be separately assessed and evaluated on its own
merits
Magistrate for recording another dying declaration Exh.33,
which is inconsistent with first dying declaration Exh. 48. Therefore,
2nd dying declaration ... considering the acceptability of the dying
declaration, in absence of any corroboration. At the same time, if
the dying declaration, on its own, inspires confidence
insist upon the corroboration of dying
declaration before it can be accepted. The insistence of
corroboration to a dying declaration is only a rule ... basis of such dying
declaration. When there are multiple dying declarations,
each dying declaration has to be separately assessed
and evaluated and assess independently
multiple dying declarations i.e. three oral dying declarations as
well as on two written dying declarations and that the said dying
declarations suffer from ... dying declaration truthfulness of the
narration itself is rendered doubtful, no reliance whatsoever can be placed
on the dying declaration. That dying declaration
Rahul S/O Limbaji Thorat vs The State Of Maharashtra on 20 October, 2020
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