making out from this dying declaration, so this
was not relied upon by the prosecution and later on, another dying declaration was
got recorded ... nature of dying declaration, one first in point of time must be
preferred. Of course, if the plurality of dying declaration must be held
trustworthy
State vs Rajpal on 20 September, 2025
IN THE COURT OF SH. VIRENDER KUMAR KHARTA
reliance can be placed on her first
dying declaration as in her subsequent dying declaration, deceased
clarified that she had made the first statement ... that a dying
declaration cannot form the sole basis of conviction of an
accused when such dying declaration is true, reliable and
has been recorded
time of recording of the dying declaration, her
mother-in-law was present with her. In the
subsequent dying declaration recorded by the
Executive Magistrate ... oral dying declaration
recorded by SI Arvind Puri (PW 8) on 22.7.1994. The
first dying declaration exonerating the accused
persons made immediately after
that there were two dying declarations which were contrary to each other and as
such the second dying declaration cannot be believed. He also submitted ... second dying declaration. Ex.PW4/A is the first
dying declaration. Both were recorded by PW-4.
58. Initially deceased had stated that
corroborates, the second statement
given by deceased Laxmi on 5th May, 2006. Another important
factor pointing towards truthfulness of second dying declaration is
nonappearance ... dying
declarations made by the victim who died of burns, one before
police and the other before Magistrate. In her first dying
declaration, the deceased
that dying declaration is a substantial
piece of evidence and there is no provision that no reliance can be placed
on the dying declaration ... corroboration. It was
contended that since deceased in her second dying declaration had
categorically deposed that accused persons had killed her by pouring
kerosene
committed suicide due to
harassment caused by her mother inlaw. Second dying
declaration was made by deceased Mamta when ... harassment caused by her
mother inlaw. Regarding her second dying declaration made
in GTB Hospital
defence is completely baseless and ought
to be rejected outrightly.
The second dying declaration as per the arguments of the
defence is contained in document ... improve upon her version with each subsequent dying
declaration. Whereas in the first dying declaration, MLC Ex.PW10/A,
she has not named
dying declaration made by the deceased. Infact there are two
dying declarations of the deceased on the record. The first
declaration was made ... nature of dying declaration , the one first in point of time must
be preferred. Of course, if plurality of dying declaration could
be held
