dying declaration of
the deceased. The recording of dying declaration started at
12:45 pm and completed on 1:00 pm. According to this dying ... Court held as under:-
"15. When there are multiple dying declarations, each
dying declaration has to be separately assessed and
evaluated and assessed independently
Whether, the dying declaration has been consistent
throughout?
(viii) Whether, the dying declaration in itself is a
manifestation / fiction of the dying persons imagination ... case of multiple dying declarations, whether, the first
one inspires truth and consistent with the other dying
declaration?
(xi) Whether, as per the injuries
contention that reliability of
multiple dying declaration which are divergent and cannot
be reconciled for determining which dying declaration is to
be believed or whether ... satisfy themselves
that the dying declaration in question is reliable and
truthful before placing any reliance upon it. Thus,
dying declaration while carrying a presumption
huge wealth of case law
on the issue of dying declaration and multiple
dying declarations.
50. In Sham Shankar Kankaria vs. State of
Maharashtra ... multiplicity of dying declarations do not
prove the prosecution case. It is not the number
but the quality of the declaration which is
important
consider when dealing with a case involving multiple dying
declarations:
9.1 The primary requirement for all dying declarations is
that they should be voluntary ... earlier, we find that there are two dying
declarations, thus it is a case of multiple dying declaration and in case of
multiple dying declaration
huge wealth of case law
on the issue of dying declaration and multiple
dying declarations.
50. In Sham Shankar Kankaria vs. State of
Maharashtra ... multiplicity of dying declarations do not
prove the prosecution case. It is not the number
but the quality of the declaration which is
important
Court observed
that :
''15. When there are multiple dying declaration,
each dying declaration has to be separately assessed
and evaluated and assessed independently ... case, there are multiple dying declarations
and there are inconsistencies between them, generally,
the dying declaration recorded by the higher officer like a
Magistrate
dying declaration (Ex.P/6) and impugned
conviction judgment was passed and completely discarding the
dying declaration recorded by the Magistrate. When the two dying ... 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
doctor who was present at the
time of recording of dying declaration, has deposed injured put
her thumb mark on Exhibit P-10. However evidence ... 2024, the following
guidelines in a case involved in the multiple dying declaration
(para 6) as under:
"(i) Dying declaration can be the sole
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
