analyzing the truthfulness, genuineness of the dying declaration and
should come to a proper conclusion that the dying declaration is not
a product of prompting ... given
certain guidelines while considering a dying declaration:
1. Dying declaration can be the sole basis of
conviction if it inspires full confidence
dying declaration of the dying
man. At the same time, it also needs to be
emphasised that in the instant case, dying
declaration is recorded ... guidelines with respect to the admissibility
of dying declaration:
"22. (i) Dying declaration can be the sole
basis of conviction if it inspires
admissibility of dying declaration: ( Atbir case, SCC pp. 8-9, para 22).
" 22. (i) Dying declaration can be the sole basis of conviction ... prudence.
(v) Where the dying declaration is suspicious, it should not be acted upon without corroborative evidence.
(vi) A dying declaration which suffers from infirmity
dying declaration.
Sister of Ujyar Singh namely Lalli Bai was present with the
deceased and she had tutored her while making dying
declaration. The deceased ... basis of
dying declaration alone but therefore, the same must be
wholly reliable. The admissibility of dying declaration is
explained by Hon'ble Supreme
recorded the dying
declaration of the deceased. He has fully supported the case of
the prosecution by proving the dying declaration ... manner as a complaint
and not as a dying declaration can also be treated as dying
declaration after the death of the inured and relied
dying declaration
as incorrect then also in our opinion, the trial
court has erred because in the case of multiple
dying declarations each dying declaration ... have held that when there
are multiple dying declarations, each dying declaration
has to be separately assessed and evaluated and
assessed independently
records such statement called dying declaration.
If the dying declaration infuses confidence and the court concludes
that the said declaration is free from prompting ... placed on a dying
declaration provided the said dying declaration is free from
vice of infirmities and if that dying declaration commands
acceptance
summon the Executive Magistrate for recording
dying declaration. No such step was ever taken. Dying
declaration (Exh.44) does not bear thumb impression ... such situation, we find it risky to place reliance on the sole dying
declaration (Exh.44) without corroboration and without medical
case papers regarding treatment
court
has to examine a dying declaration scrupulously with a
microscopic eye to find out whether the dying declaration
is voluntary, truthful, made ... conviction has to be based on the sole dying declaration
18
Ex.PB/2. A dying declaration should satisfy all the
necessary tests
such dying declaration is
satisfied that the declarant is in a fit mental
20
condition to make the dying declaration then
such dying declaration will ... reliance on the dying declaration. We have
carefully perused the evidence of PWs.12 and
19 who recorded the dying declaration
