dying
declaration, held as under:-
"12. A dying declaration recording by a competent
Magistrate would stand on a much higher footing than the
declaration ... 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
this makes the dying
declaration extremely doubtful.
14. As discussed above, in cases where the dying
declaration is suspicious, it is not safe to convict ... history vis-à-vis dying
declaration (Ex.P/44), we deem it fit to deal with dying declaration (Ex.P/44)
and arguments
earlier point of
time and now having value of dying declaration.
[11.0] Learned advocate for the appellant has submitted that there is
difference in three ... argument canvassed by learned advocate for the
appellant as regards multiple dying declaration is concerned,
there is no straitjacket formula to appreciate the dying
declaration
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
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
State vs Giriraj Kishore Bhardwas on 9 April, 2025
IN THE COURT OF SH. VIRENDER
