question of an
inconsistent dying declaration but a dying
39
declaration which is completely opposed to the
dying declaration which is given earlier. There ... third dying
declaration which is relied on by the prosecution
is demolished by the earlier dying declaration or
dying declarations or is it the duty
Vasant Ganpat Padave(D) By Lrs. vs Anant Mahadev Sawant (Dead) Thru Lrs. . on 18
accused to attack a dying declaration in a case where the prosecution seeks to rely on a dying declaration against an accused ... situation where in the first dying declaration given to a police officer was more elaborate and the subsequent dying declaration recorded by the Judicial Magistrate
accused to attack a dying declaration in a case where the prosecution seeks to rely on a dying declaration against an accused ... situation where in the first dying declaration given to a police officer was more elaborate and the subsequent dying declaration recorded by the Judicial Magistrate
dying declarations could be held to be trust worthy and reliable, they have to be accepted."
10. Issue of multiple dying declaration has also ... court is satisfied that the dying declaration is true and free from any embellishment such a dying declaration, by itself, can be sufficient for recording
trial court has erred
because in the case of multiple dying declarations
each dying declaration will have to be considered
independently on its own merit ... have held that when
there are multiple dying declarations, each dying declaration has to be
separately assessed and evaluated and assessed independently
three statements are taken to be Dying Declaration,
in this situation the second Dying Declaration, which was recorded
by PW11 was suppressed by the prosecution ... laws that if there are apparent
discrepancies in the case of multiple Dying Declaration, it would be
not proper and dangerous to convict the accused
therefore, she would not have been in a
position to give dying declaration. He also contended that the
Doctor who is said to have certified ... believable. He also submitted that this is a
case of multiple dying declaration and that there is a clear
discrepancy between the one recorded
philosophy in law underlying admittance in
evidence of dying declaration. "A dying declaration made by person on the
verge of his death ... Court
is satisfied that the dying declaration is true and free from any
embellishment such a dying declaration, by itself, can be sufficient for
recording
position to give any dying declaration. He also pointed out
that the Judicial Magistrate, who purportedly recorded her dying
declaration, did not record ... case there is more than one
dying declaration. When there are multiple dying declaration before the
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Court, the Court
