Thereafter, it is submitted that her second dying declaration dated
22.08.2016 recorded in shape of statement recorded u/s 161 Cr.P.C
in which ... Rajasthan reported in (2010) 2 SCC
85 that in cases of multiple dying declaration, the court has to be
circumspect in straightway believing
second dying declaration Ex. Ka-12 of the deceased. However, the chain of circumstantial evidence is not complete and the dying declaration is not reliable ... accused to attack a dying declaration in a case where the prosecution seeks to rely on a dying declaration against an accused
dying declaration is eminently vague is neither
correct nor is it based on any material on record. On the scanning
of the dying declaration ... dying declaration, we are
not inclined to discard it.
21. It is well settled in law that conviction undisputedly can
be based on dying declaration
Dying declaration - Reliability - Dying
declarations recorded in language not
spoken/known by deceased - No proof of
proper translation into language in which
dying declaration ... Dying declaration - Evidentiary value -
Multiple dying declarations -
Inconsistencies - Discrepancies in the last
dying declaration making if doubtful -
held, it would not be safe to convict
only decisive
evidence is of multiple dying declarations which are
diametrically opposite version to each other. The
dying declaration recorded by the treating doctor,
initially ... give any
such dying declaration. The credibility and
reliability of dying declaration would always loses
its value when multiple dying declarations which are
diametrically opposite
wherein it is held
that when there are multiple dying declarations, each dying
declaration has to be separately assessed and evaluated on its
own merits ... reflects the true state of affairs. When
there are multiple dying declarations, each dying declaration
has to be separately assessed and evaluated
2012 JUDGMENT
that therefore, though there are multiple dying declarations,
the first dying declaration in the nature of medical history had
been given ... 2012 JUDGMENT
IV As multiple dying declarations have been given by the
deceased, which dying declaration should be accepted?
FINDINGS:
11. Findings on Point
suspicion to believe the dying declaration was put
in the mouth of the dying person?
(iv) Whether the dying declaration was a
product of prompting ... Whether, the dying declaration has
been consistent throughout?
(viii) Whether, the dying declaration in itself
is a manifestation / fiction of the dying person’s
imagination
regarding probative value of a dying
declaration and of multiple dying declarations is concerned,
the Apex Court dealt with the subject in great details ... mind of the declarant, the
dying declaration is not acceptable. The Apex Court further
laid down that a dying declaration can be oral
issue of
dying declaration can be summarized to the effect
that in case, the Court comes to the conclusion that
the dying declaration is true ... required. In case, there are multiple
dying declarations and there are inconsistencies
between them, generally, the dying declaration
recorded by the higher officer like
