accused on the basis of such
dying declaration. When there are multiple
dying declarations, each dying declaration
has to be separately assessed and evaluated ... 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
declarant to make the statement.
21.8. If after careful scrutiny, the court finds the
statement placed as dying declaration to be voluntary and
also finds ... recorded the statement of the very same
injured Naushad after the Taluka Executive Magistrate recorded
her statement. The said statement recorded
give
8
her statement. The police recorded her statement on
18.05.2013 between 8.30 and 9.30 p.m., and based on
such statement FIR was registered ... accused on the basis of such dying
declaration. When there are multiple dying
declarations, each dying declaration has to be
separately assessed and evaluated
give
8
her statement. The police recorded her statement on
18.05.2013 between 8.30 and 9.30 p.m., and based on
such statement FIR was registered ... accused on the basis of such dying
declaration. When there are multiple dying
declarations, each dying declaration has to be
separately assessed and evaluated
admit the same in evidence as such dying declaration statement. As pointed out by Their Lordships of the Supreme Court in the case of Dalip ... dying declaration in the light of the facts and circumstances of the case."
In the said case, the dying declaration statement was recorded
Clause (1) makes the statement of the
deceased admissible. Such statement,
classified as a "dying declaration" is made by a
person ... state of
mind to make the statement has been made
not before the statement but after the
statement was recorded. Normally it should
that the statement was given and
reduced into writing after translation. Therefore,
even if this statement is taken as not a dying
declaration still ... Doctor/PW13 that prior to
recording of the dying declaration statement,
that there was any recording with regard to the
mental fit condition
first statement. The material on
record clearly depicts that the statement made under Ex.P.27
first statement was the first dying declaration ... statement. Accordingly, the Tahsildar
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CRL.A No.1058 of 2020
recorded the statement of the deceased as per Ex.P.23-second
dying declaration
deceased Jyothi and recorded
the statement of the deceased before the doctor.
The said statement is called the dying declaration.
But, in examination-in-chief ... capable of giving
a statement. Accordingly, the statement of the victim
was recorded. Thereafter, she died due to burn injuries.
Thereby, the provisions of Section
dying declarations are five. However, it
is not the number of dying declarations which will weigh with
the court. A singular dying declaration not suffering ... more than one dying declaration, the
intrinsic contradictions in those dying declarations are
extremely important. It cannot be that a dying declaration
which supports
