medical report
of accused lend sufficient corroboration the dying declaration made
by the deceased. The dying declaration inspired confidence.
14
Cr.A. No. 534/2011 ... wherein it was held that when there are multiple dying
declarations, each dying declaration has to be
separately assessed and evaluated on its own merits
Division Bench of this Court held
that in case of multiple dying declaration which are contradictory in
nature it is not prudent to accept
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 assessed
independently
basis of such
dying declaration. When there are multiple
dying declarations, each dying declaration
has to be separately assessed and evaluated
and assessed independently ... based on
the third dying declaration as it was consistent with
the second dying declaration and the oral dying
declaration made to her uncle, though
order, Exhibit-P13 was not
properly considered. There is difference between multiple dying
declaration. The appellant No.1 is only surviving male member
dying declaration,
and in the earlier dying declaration, the
accused is not sought to be roped in but in
the later dying declaration, a summersault ... dying declaration is true.
(b) In case of multiple dying declarations
the Court analyzing the dying declaration is
duty bound to analyze the dying declaration
material contradictions in their testimonies.
20.Turning to the dying declaration, there are multiple dying
declarations given by the deceased. The occurrence has taken place ... Government Rajaji
Hospital, but that dying declaration has been suppressed by the
prosecution. Once again, a Judicial dying declaration has been given by
the deceased
material contradictions in their testimonies.
20.Turning to the dying declaration, there are multiple dying
declarations given by the deceased. The occurrence has taken place ... Government Rajaji
Hospital, but that dying declaration has been suppressed by the
prosecution. Once again, a Judicial dying declaration has been given by
the deceased
Indian Evidence Act -
Dying Declaration-The conviction can be
based solely on the basis of an oral dying
declaration provided such declaration is free
from ... basis of a dying declaration or even on
the basis of an oral dying declaration. However, such dying
declaration should be free from any doubt
dying
declaration. Therefore, all these vital witnesses who deposed regarding dying declaration are
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hardly worthy of placing reliance ... oral dying declaration depends upon the credibility or trustworthiness of the witnesses who
deposed regarding dying declaration.
18. Though as per the dying declaration